9.17 - 4. Discovery And Production Of Documents And Items For Inspection, Testing, Copying Or Photographing

• Jurisdiction: New York

4. Discovery and Production of Documents and Items for Inspection, Testing, Copying or Photographing

“[T]he device for requiring a person to produce a paper or thing for inspection, testing, photographing, or copying” is set forth in CPLR 3120.²¹⁰¹ In addition, “a party whose physical or mental condition, or blood relationship to someone, is ‘in controversy,’ must submit to an examination at the behest of another party by ‘a designated physician.’ ”²¹⁰²

If a party objects to the disclosure, inspection or examination, that party must, within 20 days of service of a notice pursuant to CPLR 3120 or 3121, serve a response setting forth with “reasonable particularity” each objection he or she has to the items requested.²¹⁰³

The party withholding certain documents within the category of documents requested must give notice to the party seeking the production and inspection of the documents that one or more such documents is being withheld.²¹⁰⁴ Such notice must indicate the legal ground for withholding each document and include the following information: (1) the type of document, (2) the general subject matter of the...