Legal Question in Civil Litigation in New York

Procedural Questions, Civil-Depositions-Unlawful Arrest & Assault

After winning a crimnal case that was placed against me,by a police officer,I started a civil suit against the City, the police depart.,and the police officer. Seven months later I took a 50-h hearing at the defendants lawyers office, and I have completed a Bill of Particulars,a demand for discovery,at the same time the defendants lawyer sent me a Notice to take Depostion upon oral examination,and required me to produce any and all documentatin related to the claim asserted in this action,'' which was to take place at the same time of my oral deposition before trial. I asked the defendants lawyer why I had to take two depositions, his response was ''prior to the commencement of an action, a municipal defendant is entitled to a 50-h hearing. After the commencement of an action, the defendant is entitled to a deposition.'' My question is, what the defendants lawyer told me about having to take two depositions true, or are the defendants lawyers just playing with my head? Since I am Atorney Pro Se,and I have spent many hours in the law library in my county, I have not found anything that answers my question,I hope you can help me.


Asked on 4/09/03, 3:40 pm

1 Answer from Attorneys
Bradley Rosen

Re: Procedural Questions, Civil-Depositions-Unlawful Arrest & Assault

The city does get two depositions, one under General Municipal Law sec. 50-h, the other under the Civil Practice Law and Rules. The 50-h can be done before an action is commenced, and is created to encourage the city to investigate the claims and settle those thatthey believe are clearly meritorious without litigation.

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Answered on 4/09/03, 4:40 pm


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