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Demand for discovery and inspection, demand for bill of particulars

New York, NY |

What are these exactly and what are they supposed to look like?

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Attorney answers 3

Posted

They are discovety demands.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

Dear asker:

A demand for a bill of particulars is a procedural tool designed for an "amplification" of the parties. It is not a discovery device and should not be utilized to obtain evidence.

http://www.courts.state.ny.us/courts/nyc/civil/billofparticulars.shtml

A demand for discovery and inspection is a discovery device designed to cause another party to produce documents in advance of an examination before trial.

http://www.jdbar.com/Statutes/cplr-3120.html

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

Posted

A Demand for a Bill of Particulars is the first "discovery" device typically used by defendants in personal injury cases. While strictly speaking a Bill of Particulars (the response to the demand) is only supposed to add flesh to the details of the complaint, in personal injury cases a plaintiff must disclose details on the events or condition that caused the injury, the precise injuries suffered, hospitals and medical professionals who provided care and treatment, and the statutes and regulations relied on that support the plaintiff's legal claims. The precise things that can be asked are set forth in CPLR 3041-3044. Defendants typically ask for more than they are entitled to get through the Bill of Particulars.

A Demand for Discovery & Inspection is typically a a request for documents, photographs, videotapes or any other thing that might pertain to plaintiff's or defendant's claims. A D & I request might also include inspection of the place where an accident occurred, if that place is under control of the other party.

The document demands contain the case captions and a few magic words, nothing complicated.

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