Memorandum of Law
(Motion to Compel Discovery) (NY)

Summary

This Memorandum of Law (Motion to Compel Discovery) is a standard form attorneys can use to support a motion to compel discovery under New York Civil Practice Law and Rules (C.P.L.R.) 3124 in a New York state court litigation. This template contains practical guidance, drafting notes, and alternate clauses. Under the C.P.L.R., you may make a motion to compel discovery when a person fails to respond to or comply with your disclosure requests, including: • A deposition notice • Deposition questions • A written demand for discovery and inspection (i.e., document requests) • Written interrogatories See N.Y. C.P.L.R. § 3124. However, you may not file a motion to compel notice to admit responses. See N.Y. C.P.L.R. § 3124. If a party fails to timely respond to your notice to admit, the court will deem the requested facts admitted and no further relief is necessary. See N.Y. C.P.L.R. § 3123(a); Watson v. City of New York, 576 N.Y.S.2d 864 (1st Dep't 1991). Under N.Y. C.P.L.R. § 3124, you may move to compel disclosure from both parties and nonparties. See N.Y. C.P.L.R. §§ 3122(a)(1), 3124. The C.P.L.R. authorizes the court to compel: • Compliance with the disclosure request –or– • A response from the noncompliant party See N.Y. C.P.L.R. § 3124. Like all papers filed in New York Supreme Court, your memorandum of law must comply with the general formatting requirements in the C.P.L.R. and the Uniform Rules for New York State Trial Courts ("Uniform Rules"). See N.Y. C.P.L.R. § 2101; 22 NYCRR 202.5(a). If your case in pending in the New York Supreme Court's Commercial Division—which was established to handle complex commercial cases—you must comply with its own set of procedural and formatting rules. See 22 NYCRR 202.70(g). For details on how to format documents in New York state court litigations, see Formatting Rules in Court (NY). For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on making a motion to compel discovery in New York State Supreme Court, see Motion to Compel Discovery: Making and Opposing the Motion (NY). For a model affirmation in support of a motion to compel discovery, see Affirmation (Motion to Compel Discovery) (NY). For a more detailed discussion of motions to compel discovery, see Weinstein, Korn & Miller, New York Civil Practice: CPLR P 3124.00–3124.08.