N.Y. Comp. Codes R. & Regs. tit. 16 § 5.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5.4 - Requests for documents

(a) After a proceeding is commenced and until any cut-off point that the presiding officer may set, any party may serve a written request for documents (including writings, drawings, and electronically stored information) on any other party. The request shall describe the documents sought with reasonable particularity, though the description may be by clearly defined category rather than by item. A copy of every request shall be served on each party, and on the presiding officer, if he or she so requests.

(b) Except as provided below, a party to whom a request for a document is addressed shall furnish a copy of the document to the requesting party within 10 days of service of the request. A copy of each document shall be provided to any presiding officer or party who so requests. Electronic service of a copy of the document satisfies this obligation.

(c) If the party from which a document is sought cannot provide a copy within 10 days, it shall, within the 10 days, so inform the requesting party and state when the copy will be forthcoming. Any ensuing dispute over timing of the response shall be submitted to the presiding officer for resolution.

(d) Any objection to a document request shall be made in writing and served on all parties and the presiding officer within 10 days of service of the request. The document need not be supplied while the objection remains pending. If the presiding officer overrules the objection, the document shall be supplied within five days following the issuance of the ruling or within 10 days following service of the request, whichever is later.

(e) If a requested document is voluminous, the responding party may permit the requesting party to examine the document at the responding party's office and then supply a copy of only so much of the document as the requesting party finds it needs. The times, locations, and conditions for such examination shall be reasonable, and the presiding officer shall ensure that responding parties do not use this option to impose unfair burdens on requesting parties or otherwise hinder discovery.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 5.4