Response to bill of particulars new york3/29/2024 ![]() – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York. For more articles and information, please visit J. If you have any questions or comments, please feel free to contact Mr. An attorney should be consulted for legal advice. No statute should be relied on without understanding controlling case law which may further interpret it. Updated statutes and codes may be available at the New York State Legislature Website. ![]() Statutes and codes such as CPLR 3130 are frequently amended, and no representation is made that the above version of CPLR 3130 is current. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. Douglas Barics, attorney at law for reference only. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. This Practice Note explains the process of drafting a demand for a bill of particulars in a New York civil action, including formatting requirements and substantive demands. After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.Ģ. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. CPLR 3130: Use of Interrogatories CPLR 3130ġ.
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