Standard Interrogatories Under Supreme Court Rule 213(J) Form

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COURT
COUNTY OF
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:
Index No.
:
Calendar No.
:
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
:
:
Defendant(s)
:
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Standard Interrogatories
Under Supreme Court Rule 213(j)
THE PEOPLE OF THE STATE OF NEW YORK
Under Supreme Court Rule 213(j), "[t]he Supreme Court, by administrative order, may
approve standard forms of interrogatories for different classes of cases." The committee
TO
comments to this rule state, "In an effort to avoid discovery disputes, the practitioner is
encouraged to utilize interrogatories approved by the Supreme Court pursuant to paragraph
(j) whenever possible." The following interrogatories are hereby approved pursuant to that
GREETINGS:
rule. A party may use one or more interrogatories which are part of a form set of
interrogatories. Any such interrogatory so used shall be counted as one interrogatory in
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
determining the total number of interrogatories propounded, regardless of any subparts or
the Honorable
at the
Court
,
multiple inquiries therein. A party may combine form interrogatories with other
located at
County of
interrogatories, subject to applicable limitations as to number. A party shall avoid
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
propounding a form interrogatory which has no application to the case.
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Counsel should note other provisions of Rule 213 that are reflected in these standard
interrogatories, and which are applicable to nonstandard interrogatories as well. As the
committee comments to Rule 213(a) indicate, "[the] prior requirement that the written
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
interrogatories be spaced so as to permit the answering party to answer upon the interrogatory
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
served upon him has been amended to eliminate the spacing requirement, primarily because
result of your failure to comply.
of the practical and customary way in which interrogatories are answered." Although the
proponent of interrogatories may still use spacing between his or her interrogatories, these
Witness, Honorable
, one of the Justices of the
standard interrogatories do not.
Court in
County,
day of
, 20
Also, Rule 213(d) retains the requirement that "[w]ithin 28 days after service of the
interrogatories upon the party to whom they are directed, the party shall serve a sworn answer
(Attorney must sign above and type name below)
or an objection to each interrogatory, with proof service upon all other parties entitled to
notice. *** The answering party shall set forth in full each interrogatory being answered
immediately preceding the answer." (Emphasis added.) While the supreme court envisions
that parties will continue with the practice of creating a new document in response to
Attorney(s) for
interrogatories, and it is the duty of the respondent to interrogatories to attest to the
truthfulness of his or her answers, these standard interrogatories include sample attestation
clauses.
Office and P.O. Address
Finally, under Supreme Court Rule 213(i), a party has a duty to seasonably supplement or
amend any prior answer or response whenever new or additional information subsequently
becomes known to that party. The proponent of the interrogatories may wish to include a
Telephone No.:
reminder of this duty in the interrogatories.
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.

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