New York Law (NYLE) Practice Exam

In a discovery scenario, if James serves Bob with 20 interrogatories but a bill of particulars was already demanded, what should Bob do?

1. Respond to the interrogatories, they are valid

2. Refuse to respond due to excessive number of questions

3. Ignore the interrogatories

4. File a motion against James

The correct answer is: File a motion against James

In this scenario, Bob should consider filing a motion against James regarding the interrogatories served. Under New York civil procedure, if a bill of particulars has already been demanded and is sufficient to provide the necessary information regarding the claims, the subsequent interrogatories may be deemed unnecessary or excessively burdensome. Filing a motion can be a strategic response to challenge the validity or appropriateness of the interrogatories. This action can help ensure that Bob's rights are protected, as the existence of previously requested information means that James should not serve additional discovery requests that mimic or overlap significantly with what has already been asked for. The court may agree with Bob's position and require James to either withdraw the interrogatories or amend them in line with the existing bill of particulars. Responding to the interrogatories as if they were valid could result in unnecessary effort and expense for Bob, especially since he is already obligated to respond to the bill of particulars. Ignoring the interrogatories is not advisable, as it might lead to negative consequences such as sanctions or defaults. Thus, the most prudent course of action, given the context and requirements of New York civil procedure, is to challenge the interrogatories through a formal motion.