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Discovery and Production of Documents


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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?

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@

 

Were you served a subpoena duces tecum?

 

Rule 3120. Discovery and production of documents and things for
inspection, testing, copying or photographing.

1. After commencement of an action, any party may serve on any other
party a notice or on any other person a subpoena duces tecum:
(i) to produce and permit the party seeking discovery, or someone
acting on his or her behalf, to inspect, copy, test or photograph any
designated documents or any things which are in the possession, custody
or control of the party or person served; or
(ii) to permit entry upon designated land or other property in the
possession, custody or control of the party or person served for the
purpose of inspecting, measuring, surveying, sampling, testing,
photographing or recording by motion pictures or otherwise the property
or any specifically designated object or operation thereon.

 

 

2. The notice or subpoena duces tecum shall specify the time, which
shall be not less than twenty days after service of the notice or
subpoena, and the place and manner of making the inspection, copy, test
or photograph, or of the entry upon the land or other property and, in
the case of an inspection, copying, testing or photographing, shall set
forth the items to be inspected, copied, tested or photographed by
individual item or by category, and shall describe each item and
category 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 court
in which the subpoena is returnable. If the subpoena is not returnable
in a court, a request to withdraw or modify the subpoena shall first be
made to the person who issued it and a motion to quash, fix conditions
or modify may thereafter be made in the supreme court; except that such
motion with respect to a child support subpoena issued pursuant to
section one hundred eleven-p of the social services law shall be made to
a judge of the family court or the supreme court. Reasonable conditions
may be imposed upon the granting or denial of a motion to quash or
modify.

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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....

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@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.

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