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Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 7243
Experience:  30+ yrs. representing small business, real estate, probate
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When a pro se defendant serves interrogatories onto the

Customer Question

When a pro se defendant serves interrogatories onto the plaintiff's attorney (NYS Supreme Court ) ( a civil lawsuit), how is it done ? By US mail? .....And.....When is service considered to be completed ? ....Maybe when the envelope is put into the mail?
Thank you :)
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.

Interrogatories are usually served to counsel for the party who is to answer them by U.S. Mail, postage prepaid. " Completed service date is never an issue. The civil procedure rules will state a minimum number of days the party must be given to Answer. The number of days is set out in the interrogatory pleading.

Customer: replied 1 year ago.
It in this case, it could be an issue. I want to be the first to get the interrogatories to the other side. .......When is service considered to be completed ?
Expert:  Irwin Law replied 1 year ago.

Service is completed when the interrogatory reaches counsel for that party. If you're that concerned about the time, then hand-deliver them or Use a special messenger service. That way you will be able to prove the date and time of receipt.

Expert:  Irwin Law replied 1 year ago.

I hope that this Answer is helpful and that you will enter a positive rating for it.

Customer: replied 1 year ago.
can you please site the CPLR that states this please? Thank you
Expert:  Irwin Law replied 1 year ago.

Here is the rule.

Any party may serve interrogatories on any other party at any time after commencement of the action. CPLR 3130; CPLR 3132.

Unless the Court directs otherwise, no party may serve interrogatories on a defendant until the time has expired for that defendant to serve a responsive pleading. CPLR 3132.

Within twenty (20) days after being served with interrogatories, the party served must serve on each other party a copy of the answer or objection to each interrogatory. CPLR 3133(a). No additional time is added to this period if service was made by personal delivery, facsimile or electronic transmission. CPLR 2103(b)(1), (5) and (7). If the interrogatories were served by overnight delivery add one (1) day to the response period. CPLR 2103(b)(6). If the interrogatories were served by mail, add five (5) days to the response period. CPLR 2103(b)(2). The day interrogatories are served is not included when calculating the time to respond. Response time starts running the day after service. Gen. Const. L. 20. Saturdays, Sundays, and legal holidays are included in the count if they do not fall on the last day of the period. If the last day of the period is a Saturday, Sunday, or legal holiday, the response period runs until the end of the next non-holiday business day. Gen. Const. L. 25. “Legal holidays” include those specified in Gen. Constr. L. 24, plus any others designated by the federal or state government. Gen. Const. L. 24. The response deadline may be altered by court order or stipulation. CPLR 2004; CPLR 3102(b), respectively.

Interrogatories may relate to any matter or information material or necessary to the prosecution or defense of the action and not subject to privilege. CPLR 3131; CPLR 3101. Interrogatories may require (a) an opportunity to examine and copy papers, documents or photographs that are relevant to the answers to the interrogatories, or (b) copies of such papers, documents or photographs. CPLR 3131.

The NewYork Rules do not specify a numerical limit for Interrogatories. Additionally, the New York rules do not specify requirements for formatting interrogatories, but the general formatting rules for papers apply.

Except in matrimonial actions, no party can serve interrogatories on a party and demand a bill of particulars from the same party. CPLR 3130(1).

In actions based solely on negligence and claiming personal injury, property damage or wrongful death, no party may, without leave of Court, serve written interrogatories on a party and take the oral deposition of the same party. CPLR 3130(1).

Tags: Discovery, interrogatories, New York Civil Practice Law and Rules, response to interrogatories, rules of c