N.Y. Comp. Codes R. & Regs. Tit. 22 r. 202.70.11-h - [Effective 7/7/2025] Initial Disclosures
(a) Required Disclosures.
(1) Initial Disclosures.
(A) In General. Except as otherwise
stipulated or ordered by the court, a party must, without awaiting a discovery
request, provide to the other parties:
(i)
the name and, if known, the address and telephone number of each individual
that the disclosing party intends to use to support its claims or defenses,
unless such use is solely for impeachment, together with a brief description of
the information expected to be elicited from such individual;
(ii) a copy of all documents, electronically
stored information, or other tangible things referred, but not attached, to in
the pleadings; and
(iii) a
computation of each category of damages claimed by the disclosing
party.
(B) Time for Making
Initial Disclosures.
(i) In General. A party
must make the initial disclosures within 14 days after the parties'
consultation prior to the preliminary conference as required in Rule 8, unless
a different time is set by stipulation or court order, or unless a party
objects during the preliminary conference that initial disclosures are not
appropriate in the action and states the grounds for any objection to
production in the proposed discovery plan. In ruling on the objection(s), the
court must determine what initial disclosures, if any, are to be made and must
set the time for making the initial disclosures.
(ii) For Parties Served or Joined Later. A
party that is first served or otherwise joined after the consultation must make
the initial disclosures within 30 days after being served or joined, unless a
different time is set by stipulation or court order.
(iii) For Disclosures Required by CPLR §
3101(f). All disclosures required by CPLR 3101(f) must be made by the earlier
of:
(a) 14 days after the Rule 8
consultation; or
(b) 90 days after
service of an answer.
(2) Failure to utilize good faith in making
the initial disclosures may result in an award to the non-disclosing party of
attorney's fees and costs occasioned by such failure.
(b) Form of Initial Disclosures. Unless
otherwise ordered by the court, all initial disclosures under Rule 11-h must be
in writing, signed, and served.
(c)
Basis for Initial Disclosures; Unacceptable Excuses. A party must make its
initial disclosures based on the information then reasonably available to it. A
party is not excused from making its initial disclosures because it has not
fully investigated the case or because it challenges the sufficiency of another
party's initial disclosures or because another party has not made its initial
disclosures.
Notes
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