Legal Question in Business Law in New York
Directing Disclosure of Materials Prepared for Litigation & Depositions
What do I need to file with the court to get defendants to disclose documents that I need. I cannot determine per CPLR 3120, whether I need to make a motion? whether I simply need to file my affadavit? or whether I must do both? Do I just need to give defendants notice that i want these documents? Do I need to file seperate documents to get defendant to be deposed?
2 Answers from Attorneys
Re: Directing Disclosure of Materials Prepared for Litigation & Depositions
You do not need to make a motion, at least not initially you must file a notice of Discovery and Inspection with a list of items relvant otthe litigation that you are seeking. However you may eventually need a motion to compel discovery if the adversary does not comply.
A demand for a Deposition is a separate demand but may be served together with your demand for D&I
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Re: Directing Disclosure of Materials Prepared for Litigation & Depositions
You have to serve a demand.
I would go to your local law school or law library located at the Courthouse and obtain the form.
Mike.
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