we told them that their approx 2,500 pages(a document dump) in e-mail did not have that and nothing happened. We are continuing with depositions and they are presenting items that were not in their discovery-Do I have to respond to their questions and can they do this? can they present motions in my divorce that I feel are privileged and confidential. Are there cplr rules on this
Landlord / Tenant Lawyer
It is not unusual for parties to supplement their document requests, including around the time of depositions, although your counsel (assuming you have one) could claim surprise and request an adjournment for further preparation for questioning in depositions. Its when important documents AREN'T produced during the discovery phase of the litigation that problems arise, since issues of preclusion of late disclosed documents (if harmful to your claim), or the deliberate suppression of information (if helpful to your case) can be raised by you. I would need more detail on your privilege question to properly answer it, i.e., by confidential do you mean attorney-client privileged communications, etc.?.