STATE OF NEW YORK
SUPREME COURT
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COUNTY OF [Insert County]
__________________________________________
[Insert Caption]
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tiff
Plaintiff
S
vs.
PLAINTIFF’S COMBINED
DE
DISCOVERY DEMANDS
AND
DEMAND FOR A
VERIF
VERIFIED
B
BILL OF PARTICULARS
TO [INSERT DEFENDANT]*
Defend
Defendant
___________
__________________________________________
_____________________
TO:
efendant [Insert N
Defendant
Name of Defendant]
NOTICE TO PRODUCE
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PLEASE TAKE NOTICE, that the undersigned demands that you produce, at [Insert Ti
Time] on
m], for copying, ttesting
[Insert Date], at the offices of [Name of Law Firm], [Address of Law Firm],
f’s behalf, the following
follo
ntiff’s
follow
or photographing by the plaintiff, or someone acting on the plaintiff’s
original documents or items that are in the possession, custody or controll of said defendant:
1.
*
uding transcripts or memorand
memoran
io tapes, including
Any films, photographs, video tapes or audio
memoranda
ph one of subdivision (a) of CPLR
CP
thereof, involving a person referred to in paragraph
closure of all portions of such material, including outSection 3101. There shall be disclosure
de
shall not
takes, rather than just thosee portions which a party intends to use. This demand
or law enforcement purposes, which
wh
are exem
apply to materials compiled for
exempt from
blic Officers Law. This is a continuing
der section eighty-seven of the Public
Public
disclosure under
custo or control, or into
demand. Should any such material come into your possession, custody
ossession, custody or control of any party yyou represent
nt in this action, after the date
thee possession,
his demand, demand is hereby made
m
of this
that you produce such material at the
ersigned's office for inspection and copying on the aforesaid date or twenty (20) days
dersigned's
undersigned's
p ssession, ccustody or control of same, whichever is later.
after you, or said party, obtain po
possession,
ai Tran v. New
Ne Rochelle Hosp.
Hosp Med. Ctr., 99 N.Y.2d 383, 756 N.Y.S.2d 509
(See Tai
(2003)).. Should any such materi
material come into your possession, custody or control, or into
i
ession,
the possession,
custody or control of any party you represent in this action, after the date
mand and less than twenty (20) days before the scheduled deposition of any
of this demand
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The practitioner should select those requests applicable to her case. It is unlikely that all of them would apply in any
particular case.
party or witness in this action, or less than twenty (20) days before the trial date of this
action is scheduled to commence, demand is hereby made that you immediately notify
the attorneys making this demand, by a means and method that is calculated
to provide
cula
actual and meaningful notice before the date of the scheduled deposition or
o trial, of the
existence of all such material.
2.
bject of thiss action prepared in th
Any written report of the incident that is the subject
the regular
on, firm, corporation, association
assoc
course of business operations or practices of any person,
or
associ
other public or private entity, unlesss prepared byy a police or peace officer for a criminal
cr
ould interfere with a criminal investig
in
investigation or prosecution and
investigation
nd disclosure would
wo
or prosecution.
3.
iff, or plainti
ents of plaintiff,
plaintiff'
Any statements
plaintiff'ss agents, servants, or employe
employees, now in your
cu
sion, custodyy or control, or in the possession,
possession, custody
co
possession,
or control
of any party you
w
epresent in this action, whether signed or unsigned, written,
writt
represent
transcribed or otherwise
recorded and whether obtained by investigation made after the date of the occurrence and
regardless of how made.
4.
o video tapes
tape depicting the plaintiff.
Any films, photographs or
5.
ph
Any films, photographs
or video tapes depicting the scene of the events or the individuals
t
th are the subject of this action.
or instrumentality
that
AKE FURTHER NOTICE:
PLEASE TAKE
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N YOUR
• IF THE ORIGINAL OF ANY OF THE PRECEDING ITEMS WAS AT ONE TIME IN
POSSESSION,
POSSESSION, CUSTODY, OR CONTROL BUT IS NO LONGER IN YOUR POSSES
CUSTODY OR CONTROL, PRODUCE ALL COPIES OF SAME, TOGETHER
WITH A
OGETHER WIT
L OF SAID ITEM WAS
W
STATEMENT SETTING FORTH THE DATE THAT THE ORIGINAL
NAL
LAST IN YOUR POSSESSION, CUSTODY OR CONTROL
THE
OL AND THE NAME OF T
SION, CUSTODY O
PERSON OR ENTITY TO WHOM YOU TRANSFERRED
OR
RRED POSSESSION,
CONTROL ON THAT DATE.
EDING ITEMS WAS NEVE
NEVER IN YOUR
• IF THE ORIGINAL OR ANY OF THE PRECEDING
L BUT A COPY WAS
WA IN
N YOUR POSSESSI
POSSESSION, CUSTODY, OR CONTROL
POSSESSION,
CUSTODY OR CONTROL,
L, PRODUCE ALL COPIES OF SAME.
S
GINA OF ANY OF THE PRECEDING ITEM WAS
W
GINAL
NEVER IN YOUR
• IF THE ORIGINAL
N, CUSTODY, OR CONTROL BUT A COPY WAS IN YOUR POSSESSION,
POSSESSION,
ION,
DY OR CONTROL, BUT THAT COP
CUSTODY
COPY IS NO LON
LONGER IN YOUR POSSESSION,
CUSTODY
SETTING FORTH THE DATE
Y OR CONTROL, PRODUCE A STATEMENT
STATEME
THAT THE
E COPY OF SAID ITEM WAS LAST IN YOUR POSSESSION, CUSTODY OR
ND THE NAME
N
CONTROL AND
OF THE PERSON OR ENTITY TO WHOM YOU
ED
POSSESS
TRANSFERRED
CUSTODY OR CONTROL ON THAT DATE.
E
D POSSESSION,
CUST
DEMAND FOR EXPERT WITNESSES
PLEASE TAKE FURTHER NOTICE, that pursuant to Article 31, subdivision
division (d) of Section
emand that, at the date and
3101 of the Civil Practice Law and Rules, the undersigned hereby demand
time stated above, you:
ert witness whom yo
1)
Disclose in reasonable detail the qualifications
you expect
ons of each expert
to call at trial.
ject matter
tter on which each expert is
i expect
tail the subject
2)
Disclose in reasonable detail
expected to
testify.
a
S
tail the substance
substa ce of the facts and opinion on
substan
o which each expert
3)
Disclose inn reasonable detail
is expected to testify.
4)
groun for each expert's opinions.
Disclose in reasonable detail a summary of the grounds
CONT
DEMAND FOR CONTENTS
OF INSURANCE AGREEMENT
O
FU
PLEASE
E TAKE FURTHER
NOTICE
N
that, pursuant to Section 3101(f) of the CPLR, at the
t
ime stated
above, you are hereby required to disclose the existence and contents of any
date and time
insurance agreement under which any person carrying on an insurance business may be liable to
satisfy part or aall of a judgment which may be entered in this action or to indemnify or reimburse
for payments made to satisfy the judgment by delivering to the offices of the undersigned, at the
date and time stated above, a complete and accurate copy of all such insurance agre
agreements,
reto and all forms
including all declaration pages, coverage sheets or face sheets pertaining thereto
mand is not limited
lim
emand
limit
and endorsements that are a part of the insurance agreement. This demand
to
primary insurance agreements and specifically includes, but is not limited to, all insu
insuring
eemen
surance agreement.
agreements in excess of, or which supplement, the primary insurance
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SES
DEMAND FOR WITNESSES
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PLEASE TAKE FURTHER NOTICE,
TICE, that the undersigned demands that, at the date and ti
time
stated above, you:
1)
S
he names and addresses of all persons who:
Identify the
a)
occurrences
or to the events surrounding the
were witnesses to the occurrences(s)
o this action
occurrence(s) that is the subject of
action; or
b)
ere witnesses to the condition(s)
c
were
that is the subject of this action; or
c)
were
witne
w
ere witnesses
to plai
plaintiff's injuries; or
d)
ve know
have
knowledge of facts or information relevant to this action;
e)
[IF MEDICAL MALPRACTICE CASE] the names and addresses of all nurses
and physicians that treated or came into contact with the infant plaintiff during
[Insert Dates of Treatments] whether or not obtained by investigation
made after
igat
the date of the occurrence and regardless of how you learned
the identity of
earned of th
such witnesses.
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ARTICULARS
DEMAND FOR A VERIFIED BILL
LL OF PARTICULARS
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PLEASE TAKE FURTHER NOTICE,
E, that the undersigned demands that each defe
defendant
ified Bill of Particulars of the cclaims
claims alleged in said
serve upon them within thirty (30)) days, a verified
ically and in detail the answ
answers
ers to the following iinquiries:
defendant's Answer, setting forth specifically
r] Affirmative Defense,
1.
As to thee [Insert Number]
particularize and identify the specific
Defense, particu
onduct and want of care on the part of the plaintiff, or by someone over whom the
culpable conduct
ring defendants had no control;
wering
answering
S
Afffirm
Defe
2.
As to the [Insert Number] Affirmative
Defense,
particularize how the infant plaintiff
ed the risk of the activity in question,
q
med
hi
assumed
his injuries, and/or any item in any manner relating
treatme
to his care and treatment.
MEDIC
F MEDICAL
MALP
3.
[IF
MALPRACTICE CASE] As to the [Insert Number] Affirmative Defense,
ze how and in what manner the infant plaintiff and/or plaintiffs accepted and assumed
particularize
elating to his care and treatment, and how and in what manner the plaintiff and/or
any risks relating
plaintiffs knew of or were otherwise aware of the inherent hazards of the treatment rendered as
alleged in the [Insert Number] Affirmative Defense.
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dentify the col
4.
As to the [Insert Number] Affirmative Defense, particularize and identify
collateral
sources rendered and the amount of collateral offset that is claimed.
nd identify the speci
5.
As to the [Insert Number] Affirmative Defense, particularize and
specific
ense, and the factual basis for
mative defense,
fo
defenses that are alleged as the basis for the affirmative
asserting them against the plaintiff in this case.
ense, set forth the factual basis that Plaintiff’
ffirmative Defense,
6.
As to the [Insert Number] Affirmative
Plaintiff’s
causes of action are barred by the applicable statute of limitations.
S
er] Affirmative Defense, set forth the factual
f
nsert Number]
bbasis on which it is
7.
As to the [Insert
nal service jurisdictio
jurisdict
pers
onal
claimed thatt Plaintiff has not acquired per
personal
jurisdiction over the requesting
t.
defendant.
Defense set forth the factual basis that Plaintiff
8.
As too the [Insert Number] Affirmat
Affirmative Defense,
iredd subject matter jurisdiction
jurisdi
t requesting defendant.
has not acquired
over the
he [Insert N
Aff
9.
As to the
Number] Affirmative
Defense, set forth the factual basis for the claim
judg
that Plaintiff’s verdict or judgment,
and/or Defendant’s responsibility for such verdict or
judgment can be reduced iin whole or in part by the application of Article 16 of the CPLR.
10.
As to the [Insert Number] Affirmative Defense, set forth the factual basis that the
requesting Defendant was not a substantial factor in Plaintiff’s injuries, damages and loss as
alleged in the Complaint.
11.
As to the [Insert Number] Affirmative Defense, set forth the
he factual basis tthat Plaintiff
failed to mitigate damages.
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Dated: [Insert Date]
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____________________
_____________________________
__________________________
Attorn
[Name of Attorney]
[Name of Law Firm]
Attorney for Plaintif
Plaintiff
Attorneys
[Ad
[Address]
[Tele
[[Telephone
Telepho Number]
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