getbacktoworkyoushill Posted March 10, 2014 Report Share Posted March 10, 2014 Still involved in discovery process in civil litigation. Still waiting for answers to interrogs. I have received today a request for me to appear not in court but at the law offices of the attorney on file, which are over 2.5 hours from me (in NY). I am not able to make this journey. It seems to be covered by NY CPLR 3120, but I can't find anything specifying how far a person is expected to travel to produce documents. Can anyone help me please? Pretty pretty please? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 10, 2014 Report Share Posted March 10, 2014 I have never found that it is required at all for either side to travel to produce documents. They are trying to pull something. Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 10, 2014 Report Share Posted March 10, 2014 @ Were you served a subpoena duces tecum? Rule 3120. Discovery and production of documents and things forinspection, testing, copying or photographing.1. After commencement of an action, any party may serve on any otherparty a notice or on any other person a subpoena duces tecum:(i) to produce and permit the party seeking discovery, or someoneacting on his or her behalf, to inspect, copy, test or photograph anydesignated documents or any things which are in the possession, custodyor control of the party or person served; or(ii) to permit entry upon designated land or other property in thepossession, custody or control of the party or person served for thepurpose of inspecting, measuring, surveying, sampling, testing,photographing or recording by motion pictures or otherwise the propertyor any specifically designated object or operation thereon. 2. The notice or subpoena duces tecum shall specify the time, whichshall be not less than twenty days after service of the notice orsubpoena, and the place and manner of making the inspection, copy, testor photograph, or of the entry upon the land or other property and, inthe case of an inspection, copying, testing or photographing, shall setforth the items to be inspected, copied, tested or photographed byindividual item or by category, and shall describe each item andcategory with reasonable particularity. CPLR 2304. Motion to quash, fix conditions or modify. A motion to quash,fix conditions or modify a subpoena shall be made promptly in the courtin which the subpoena is returnable. If the subpoena is not returnablein a court, a request to withdraw or modify the subpoena shall first bemade to the person who issued it and a motion to quash, fix conditionsor modify may thereafter be made in the supreme court; except that suchmotion with respect to a child support subpoena issued pursuant tosection one hundred eleven-p of the social services law shall be made toa judge of the family court or the supreme court. Reasonable conditionsmay be imposed upon the granting or denial of a motion to quash ormodify. Quote Link to comment Share on other sites More sharing options...
getbacktoworkyoushill Posted March 10, 2014 Author Report Share Posted March 10, 2014 No, subpoena seems to only be necessary when the demand is for discovery on a non-party. As I am the defendant in the case, I am a party. I learned this by reading a few sites offering commentary on the CPLR which offered more in-depth answers. Still though, no information on how far a person be expected to travel. And yes, they are doing it just to be difficult as what they are asking for are verified answers as to where I lived several years ago, which means I have to sign by notary anyway. The notice actually states that these be produced not by myself, but by my attorney (which I don't have) or another party (meaning I'd have to pay to have them delivered at a specific time). I know I can object and/or try to limit this based on the fact I am unemployed and simply cannot afford this expense....why they need to have hand-delivery of an item that they would otherwise get by mail, signed by a notary, is clearly just to make things difficult for me. I am still waiting for their own interrogs answered.... Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 10, 2014 Report Share Posted March 10, 2014 @ Well, I wonder if you could contact the attorney and request that discovery be sent by mail or to meet at a centralized location. Quote Link to comment Share on other sites More sharing options...
getbacktoworkyoushill Posted March 10, 2014 Author Report Share Posted March 10, 2014 This site speaks to that http://www.nysba.org/WorkArea/DownloadAsset.aspx?id=43735 Quote Link to comment Share on other sites More sharing options...
getbacktoworkyoushill Posted March 10, 2014 Author Report Share Posted March 10, 2014 @BV80, I have a court date, I am planning to offer to bring them there, and if that is not acceptable, Im looking as to my next move. For actual depositions, there is a rule that they must occur in the county which the court case is proceeding. I wonder if there is something similar for this as well. Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 10, 2014 Report Share Posted March 10, 2014 @ This site speaks to thathttp://www.nysba.org/WorkArea/DownloadAsset.aspx?id=43735 What page? Quote Link to comment Share on other sites More sharing options...
getbacktoworkyoushill Posted March 10, 2014 Author Report Share Posted March 10, 2014 @BV80, page 254 Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 10, 2014 Report Share Posted March 10, 2014 @ Thank you. It says that you can object to the discovery demands, but it's unclear that includes objecting to the location. If you do speak to the attorney, I'd confirm anything he says by email. Quote Link to comment Share on other sites More sharing options...
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