Discovery

S6. Discovery

Interrogatory Restrictions -- SDNY Only (Rule 33.3)

This rule applies only to SDNY, not EDNY.

At the commencement of discovery, interrogatories are restricted to:

• Witness names likely to have discoverable information
• Damage computation
• Custodians and locations of documents
• Insurance agreements
• Similar basic information

Other interrogatories may be served only if the party demonstrates they are more practical than a request for production or deposition, or if ordered by the court.

Contention interrogatories are permitted at least 30 days before the discovery cutoff.

Uniform Definitions in Discovery Requests (Rule 26.3)

Uniform definitions and rules of construction are deemed incorporated into all discovery requests:

• Defined terms: communication, document, identify, person, concerning, and others
• Rules of construction: all/any/each, and/or, number (singular includes plural and vice versa)
• No broader definitions may be used beyond the uniform set

Cooperation in Discovery (Rule 26.4)

Counsel are expected to cooperate in discovery. Discovery requests are to be read reasonably -- the requesting attorney does not have the information, and the responding attorney does or can get it from the client.

Form Discovery Requests (Rule 26.5)

Form discovery requests must be reviewed for compliance with FRCP 26(b)(1) scope before serving. Noncompliant requests must not be used.

Discovery Motion Papers (Rule 37.1)

Discovery motion papers must specify and quote VERBATIM each discovery request and response at issue, together with the grounds for relief on each.

Depositions