Objections and Responses to Interrogatories
(NY)

Summary

This Objections and Responses to Interrogatories is a standard form attorneys can use to respond to interrogatories served by an adverse party in a New York state court litigation. This template includes practical guidance, drafting notes, optional clauses, and alternate clauses. Interrogatories are written questions that: • Seek detailed facts and information about the litigation issues • Request documents relevant to the required answers Limitation on Number of Interrogatories Note that under the Uniform Rules for New York State Trial Courts, each party is limited to serving only  25 interrogatories, including subparts, unless the parties agree or the court orders otherwise. See 22 NYCRR 202.20. This rule applies to all Supreme Court cases, including those assigned to the Commercial Division. See 22 NYCRR 202.20, 202.70(g) (Rule 11-a(a)). In the event the propounding party serves more than 25 interrogatories, you should object on those grounds, specifically asserting the objection for each offending interrogatory. Responding to Interrogatories The responding party must answer each interrogatory separately and fully in writing under the penalties of perjury. See N.Y. C.P.L.R. § 3133. If your client receives interrogatories, you should set up a meeting or conference call with your client as soon as possible to discuss the information and documents they must gather. You must answer interrogatories in writing. Each of your responses must: • Separately and fully answer each interrogatory • State any objections with reasonable particularity –and– • Follow the question to which it responds See N.Y. C.P.L.R. § 3133(a)–(b). Be mindful that your failure to object may result in the subsequent waiver of that objection. See Spancrete Ne., Inc. v. Elite Assoc., Inc., 539 N.Y.S.2d 441 (2d Dep't 1989). Keep in mind that the scope of discovery under the N.Y. C.P.L.R. is very broad. Interrogatories must relate to matters material and necessary to the action's prosecution or defense. See N.Y. C.P.L.R. § 3101. This includes any non-privileged matter that will lead to the discovery of evidence that is: • Admissible at trial –and– • Related to the litigation issues See N.Y. C.P.L.R. § 3101(a); Weinstein, Korn & Miller, New York Civil Practice: CPLR P 3120.18. Accordingly, your client must provide all responsive information and related documents, if requested, in their possession, custody, or control. See N.Y. C.P.L.R. § 3101. Duty to Supplement or Amend A party has a duty to promptly supplement or amend a discovery response after obtaining information that the response: • Was incorrect or incomplete when made –or– • Is no longer correct and complete, making the response materially misleading See N.Y. C.P.L.R. § 3101(h). Truth and Accuracy Considerations Your client must answer the interrogatories under oath. See N.Y. C.P.L.R. § 3133(b). The propounding party will likely use your client's interrogatory responses at deposition or trial. Because your client answers interrogatory under penalty of perjury, your adversary can use the interrogatory responses: • As an admission against your client –or– • To impeach your client's contradictory testimony As a result, be sure to clearly explain the oath requirement to your client and stress the paramount need for accuracy in their substantive responses. Time to Respond You must serve your written interrogatory response on the propounding party, with a copy to all other litigants, within 20 days after you receive the interrogatories. See N.Y. C.P.L.R. § 3133(a). You do not file the interrogatory response with the court. If you think you will need more time to respond, you should immediately contact the propounding party to request an extension of time. Related Content 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 responding to interrogatories, see: • Interrogatories: Responding to Interrogatories (NY) • Interrogatories: Responding to Interrogatories Checklist (NY) For information on drafting and serving interrogatories, see: • Interrogatories: Drafting and Serving Interrogatories (NY) • Interrogatories: Initial Considerations Checklist (NY) • Interrogatories: Drafting and Serving Interrogatories Checklist (NY) • Interrogatories (NY)