sample response to demand for bill of particulars new york

#Sample response to demand for bill of particulars new york trial

MOTIONS TO COMPEL DISCLOSUREĪLJ ordered petitioner to produce two witnesses requested by respondent who were present during the incident which formed the basis of the charges she excluded four witnesses respondent requested to testify about miscellaneous uncharged conduct allegedly committed by petitioner's main witness. 17, 1990), modified as to penalty, Comm'r Dec. Dep't of Housing Preservation and Development v. Unexcused delay in bringing a discovery motion can be sufficient basis without more for denial of the motion.

#Sample response to demand for bill of particulars new york trial

Where the information available without the benefit of discovery is inadequate to trial preparation on critical factual issues, discovery is essential.

In general, discovery is far less extensive in administrative adjudication than in modern civil litigation, and the administrative law judge is vested by this section with broad discretion in overseeing discovery. The benefits of discovery - for instance, in shaping or limiting the issues for trial - should outweigh the costs, burdens, and time associated with the discovery, and the timeliness of a request for discovery is also relevant. (May 10, 2007).Įxtensive production demands made only days before the hearing are untimely pursuant to this rule. A party has two options: bring the matter to the attention of the trial judge or make an objection and allow the adversary to present the matter to the judge.

Pursuant to subsection (c) of this section, an objection to a discovery request shall be made as promptly as possible, but no later than the time for an answer to that request. The recipient of a discovery request must alert her adversary when she does not intend to disclose the requested material. Parties should disclose all evidence relevant to the case and all information reasonably calculated to lead to relevant evidence.