QUESTION
do i have to respond to this demand for D&I
Asked on Apr 26th, 2016 on Civil Litigation - New York
More details to this question:
i was assaulted three years ago. my assailants are suing me for having them arrested, causing them humiliation and discomfort in prison...They filed the S&C one year ago to which i filed an Answer and counterclaim within 30 days. we have heard nothing from the courts at all. i just got a request for discovery and inspection but the case has still not been assigned to a judge or been heard by the court. do plaintiffs have the right to demand discovery before the case is in the court system
1 ANSWER
The case is in the court system. In New York Supreme Court (where I assume your case is pending), no judge is assigned until one of the parties seeks something from the Court (e.g. a conference, a motion, etc.) at which time the party must file a "Request for Judicial Intervention", popularly known as an "RJI." Discovery requests are often served before a judge has been assigned although, depending on what County your case is in, you may not be required to respond until a discovery conference is held, which would require the filing of an RJI.
Answered on Apr 27th, 2016 at 4:04 PM