New York Law (NYLE) Practice Exam

In personal injury cases based on negligence in New York, there are specific rules governing the use of interrogatories, which are a set of written questions that one party sends to another party as part of the discovery process. When a party has demanded a bill of particulars or conducted a deposition, the opportunity to serve interrogatories on that same party is restricted.

The rationale behind this stems from the intent to avoid undue burden or duplication of discovery efforts. If a bill of particulars has been requested, the responding party will provide details about their claims or defenses. Similarly, if a deposition has been conducted, the party has already answered questions under oath, which serves a similar purpose to interrogatories.

This provision ensures that a party is not overwhelmed with repetitive or excessive written inquiries following other forms of discovery. Thus, it is correct that interrogatories may not be served on a party if a bill of particulars has been demanded or if a deposition has already occurred for that party. This approach is designed to streamline the discovery process and make it more efficient for all parties involved.