Discovery in New York: Overview

by Practical Law Litigation

A Practice Note providing an overview of the discovery (disclosure) process in New York state court. This Note examines the key rules on disclosure in Article 31 of the Civil Practice Law and Rules (CPLR) and the Commercial Division Rules. It details the various disclosure devices available to litigants, such as depositions, interrogatories, notices to produce documents, and demands for expert witness information, and the proper timing for using these tools. It explains the broad scope of discovery in New York, what information is considered material and necessary, and what information is protected from disclosure. It also addresses discovery motions, including motions to compel and for protective orders, as well as the appealability of discovery orders and applicable standards of review. For guidance on initial steps in planning discovery, see Practice Note, Discovery in New York: Initial Considerations: Overview.