Legal Question in Civil Litigation in New York

Re: discovery demands

The number one thing to do is get the local rules and judge's rules and see what they say. Most trial courts and judges require at least a good faith effort to resolve the dispute, then a conference with the court, before the last resort -- a motion to compel, or a motion to strike the defendant's answer. Most courts disfavor discovery motions, so you better exhaust all other options or in some instances get permission first before making the motion.

Re: discovery demands

In Civil Court there are generally 2 ways.

1. You may file a motion under CPLR 3124 to compel disclosure; or,

2. You may send a letter to the Court requesting a discovery conference.

I generally file the motion to compel disclosure since, on the return date of the motion I normally enter into a Court Ordered stipulation whereby party agrees to provide discovery answrs.

Mike.