CPLR 31 Volume 1

Question 1

3101 Scope of disclosure

(a) Generally, there shall be full disclosure of ____________ in the prosecution or defense of an action, regardless of the burden of proof by:

1. party, or officer, director, member, agent, or employee of party,
2. person who possessed a cause of action or defense asserted in the action,
3. person living more than ________miles from place of trial, or about to depart NYS, or lives outside NYS, or medical doctor, dentist, or podiatrist who provided care or diagnosis to party demanding disclosure, or who has been retained by such party as an expert witness, and
4. any other person, upon notice.

Answer 1

all matter material ….. 100

Question 2

3101 Scope of disclosure

(b) Upon objection by a person entitled to assert the privilege, privileged matter ___________ be attainable.

Answer 2

shall not

Question 3

3101 Scope of disclosure

(c) The work product of ______________ Shall not be attainable.

Answer 3

an attorney

Question 4

3101 Scope of disclosure

(d) Trial preparation

1. Experts: In a medical, dental, and podiatric malpractice action an offer to disclose name of and to make available for examination upon oral deposition an expert witness is deemed rejected if a reply is not served within _________ of service of the offer.
2. Materials: Some materials prepared in anticipation of litigation may be obtained by court order.

Answer 4

20 days

Question 5

3101 Scope of disclosure

(e) A party may obtain a copy of his own statement.

Answer 5

his own statement.

Question 6

3101 Scope of disclosure

(f) A party may obtain discovery of any _______________ under which the insurance company may be liable.

Answer 6

insurance agreement

Question 7

3101 Scope of disclosure

(g) Except for criminal matters, there shall be disclosure of __________ prepared in the regular course of business.

Answer 7

accident reports

Question 8

3101 Scope of disclosure

(h) Party shall amend or supplement response previously given to a request for disclosure when___________ change.

Answer 8

facts

Question 9

3101 Scope of disclosure

(i) Generally, there shall be full disclosure of films, photographs, video tapes, etc. (except when taken for_________ purposes).

Answer 9

law enforcement

Question 10

3102 Method of obtaining disclosure

(a) Disclosure devices are:

• depositions upon oral questions (or upon written questions, if deposition is outside NYS),
• interrogatories,
• demand for addresses,
• discovery and inspection of documents and property,
• physical and mental examinations of persons, and
• requests for admissions.

Answer 10

XX

Question 11

3102 Method of obtaining disclosure

(b) Unless otherwise provided by CPLR, disclosure shall be by _____________ or on notice without leave of court.

Answer 11

stipulation

Question 12

3102 Method of obtaining disclosure

(c) BEFORE an action is commenced, disclosure to aid in bringing an action, to preserve information or to aid in arbitration, may be obtained, but only by ______________

Court may appoint referee to take testimony.

Answer 12

court order.

Question 13

3102 Method of obtaining disclosure

(d) AFTER trial has commenced, disclosure may be obtained only by ____________

Answer 13

order of the court.

Question 14

3102 Method of obtaining disclosure

(e) A witness may be compelled to appear and testify in NYS in an action pending ____________

Answer 14

outside NYS.

Question 15

3102 Method of obtaining disclosure

(f) If NYS is a party, disclosure by NYS shall be available as if NYS were ______________

Answer 15

a private person.

Question 16

3103 Protective orders relating to disclosure of information

Court may at any time on its own initiative, or on motion of any party or person from whom discovery is sought, make a _________ denying, limiting, conditioning, or regulating use of any disclosure device.

Answer 16

protective order

Question 17

3103 Protective orders relating to disclosure of information

Service of notice of motion for a protective order shall ____________ of particular matter in dispute.

Answer 17

suspend disclosure

Question 18

3103 Protective orders relating to disclosure of information

The court can make an order suppressing information____________________

Answer 18

improperly obtained.

Question 19

3104 Supervision of disclosure

(a) Court upon motion or on its own initiative may by one of its judges or referee supervise all or part of any disclosure procedure.

(b) Court may appoint a JHO or may permit parties to designate a named attorney as referee (Stipulation shall provide for payment of fees of referee.).
(c) A referee to supervise disclosure shall have all the powers of the court under this article, EXCEPT:

1. power to ___________ himself of his duties
2. power to appoint a ____________
3. power to adjudge any person guilty of ____________

Answer 19

Relieve …….successor………..contempt

Question 20

3104 Supervision of disclosure

(d) Party or witness may move for court review of referee’s order within ___________ after referee’s order is made.

Answer 20

5 days

Question 21

3104 Supervision of disclosure

(e) Except where JHO is referee, court shall make appropriate order for payment of expenses of referee.

Answer 21

XX

Question 22

3105 Notice to party in default

Party in default of appearance is not entitled to ________ or service of any copy required in this article.

Answer 22

notice