Bills of Particulars and Interrogatories

• Author: Michael H. Barr/Burton N. Lipshie/Sharon Stern Gerstman
• Pages: 149-198

Chapter 29

BILLS OF PARTICULARS AND

INTERROGATORIES

QUICK VIEW

Definitions: A bill of particulars is an amplification of the allegations of a complaint that must be provided in

response to a demand for a bill of particulars. Interrogatories are written questions directed to a party requesting

that party to provide sworn answers to the questions.

Scope of Chapter: Rules and techniques applicable to formulating a demand for a bill of particulars, preparing

a bill of particulars to respond to a demand, compelling responses to a demand, penalties for refusal to comply,

demands in personal injury actions, and verification of a bill of particulars. Rules and techniques applicable

to propounding interrogatories, answering and objecting to a request, requesting and producing documents in

conjunction with interrogatories, and compelling answers and related motion practice.

Strategies and Tactics:

A demand for a bill of particulars and interrogatories cannot be used in the same case. Hence, the comparative

benefits of the two devices for obtaining additional information from the plaintiff must be weighed. A demand

for a bill of particulars is particularly useful in a personal injury action because CPLR 3043 lists a broad panoply

of specific information that must be provided concerning the accident and any resulting injuries and treatment.

Demands for bills of particulars are rare in commercial disputes.

Interrogatories are a potentially valuable discovery device, if properly employed, although the CPLR sharply

circumscribes their use in various cases:

• They cannot be used in the same case with a bill of particulars.

• In wrongful death, bodily injury, or property damage cases that are predicated solely on negligence

claims, a party must choose between deposing or propounding interrogatories on another party.

However, interrogatories are a critical way to identify witnesses to depose. Furthermore, interrogatories often

provide guideposts for the balance of discovery — identifying what additional discovery is needed, from whom,

what theories and strategies should be pursued or abandoned, and what other discovery devices are likely to be

most productive.

Statutes and Rules: The statutory requirements for a demand for a bill of particulars and the responsive

bill of particulars are set forth in CPLR 3041, 3042, 3043 and 3044. Most of the statutory requirements of

interrogatories are set forth in CPLR 3130 through 3133.

Related Topics: Initial Investigation and Research, Ch 1; Scope of Discovery, Ch 24; Document Requests, Ch

26; Document Production at Deposition, Ch 27; Request for Admissions, Ch 30; Discovery Motions, Ch 31.

NEW YORK CIVIL PRACTICE BEFORE TRIAL 29-2

Forms: See digital access for the following forms:

• Form 29:10, Demand for Bill of Particulars.

• Form 29:20, Interrogatories.

• Form 29:30, Response to Interrogatories.

TABLE OF CONTENTS

I. Bill of Particulars

A. General Points

§29:01 Definition and Purpose

§29:02 Scope

§29:03 Mutually Exclusive with Interrogatories

§29:04 Distinct from Motion for Definite Statement

§29:05 By Parties, on Parties

§29:06 When to Make the Request

B. Making a Demand

1. FORMAT

§29:20 General Format

§29:21 Verification

§29:22 Proof of Service

2. APPROPRIATE DEMANDS

§29:30 General Points

§29:31 Personal Injury Actions

3. FILING AND SERVICE

§29:40 Filing

§29:41 Service

§29:42 Proof of Service

C. Response and Objections

1. DEADLINE

§29:50 General Deadline - 30 Days

§29:51 Calculating Response Deadline

§29:52 Time Extensions

§29:53 Motion for Protective Order

§29:54 Objection Does Not Alter Deadline

2. CONTENTS OF BILL OF PARTICULARS

§29:60 Format

§29:61 Respond Completely

§29:62 Identify Objections with Particularity

§29:63 Failure to Respond

D. Amending or Supplementing Bill of Particulars

§29:70 One Amendment Before Note of Issue

§29:71 Personal Injury Actions

§29:72 Failure to Supplement

§29:73 Format and Deadline

29-3 BILLS OF PARTICULARS AND INTERROGATORIES

II. Interrogatories

A. General Points

1. OVERVIEW

§29:80 Basic Principles

§29:81 Advantages

§29:82 Disadvantages

§29:83 Propounded by Parties, on Parties

§29:84 Non-Individual Entities

§29:85 Who Are “Parties”?

§29:86 No Limit on Number or Sets

§29:87 All Parties Entitled to Answers

§29:88 Governing Cases

§29:89 Distinction from Bill of Particulars

2. AVAILABILITY

§29:100 Available with Most Types of Actions

§29:101 Not Available with Bill of Particulars

§29:102 Not Available with Depositions in Negligence Actions

§29:103 Limitations Are Party-Specific

§29:104 Not Available Simultaneously with Depositions in No-Fault First-Party Benefit Actions

3. USE IN NEGLIGENCE CASES

§29:110 Deposition Bars Interrogatories

§29:111 Identification of Claim as Based on Negligence

§29:112 Multi-Claim Actions

§29:113 Observing Deposition Does Not Trigger Limitation

§29:114 Showing for Court Order

4. USE IN MATRIMONIAL ACTION OR PROCEEDING

§29:120 Can Use with Bill of Particulars

§29:121 Can Serve on Non-Parties

§29:122 Showing for Court Order

B. How to Use Interrogatories

1. GENERAL POINTS

§29:130 Goals and Purposes

§29:131 Tactics

2. USING INTERROGATORIES WITH OTHER DISCOVERY TOOLS

§29:140 No Required Priority of Devices

§29:141 With Depositions

§29:142 Requesting Documents

§29:143 Bill of Particulars

§29:144 With Requests for Admissions

§29:145 When to Delay Interrogatories

3. TYPES OF INTERROGATORIES

§29:150 Contention Interrogatories

§29:151 ‘Change-of-Heart’ Inquiries

§29:152 Identification of Witnesses

§29:153 Damage Calculations