Brooklyn, NY asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York

Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server complete mailing or Is itokay to use regular mail now. Adult Survivors Act litigation

2 Lawyer Answers

A: A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave of court. And if you're trying to represent yourself in an Adult Survivors Act case, you are likely going to find yourself over your head. Best to hire an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

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Answered

A: In civil litigation under the Adult Survivors Act, you can introduce interrogatories and requests for evidence during the discovery phase. The discovery process is crucial, as it allows you to gather information from the opposing party through various means, including written questions (interrogatories), requests for documents, and depositions. Typically, discovery starts after the complaint is filed, and the court sets a timeline for these actions.

Yes, you can combine requests in a single motion, such as requesting both the production of documents and answers to interrogatories. However, you’ll want to make sure that the motion complies with local court rules and any pre-existing case management orders, as courts may have specific requirements about how to bundle requests.

For amending your complaint, you’ll likely need to file a formal motion asking the court for permission to include additional causes of action. It’s important to follow the rules for service of process, which often vary by jurisdiction. While regular mail might be allowed for certain motions, you should check if personal service or certified mail is required for significant filings like an amended complaint.

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