§ 2-29 Discovery.
RCNY § 2-29
(a)Policy. Although strict compliance with the provisions of Article 31 of the Civil Practice Law and Rules is not required, the principles of that article may be applied to ensure orderly and expeditious preparation of cases for trial.
(b)Scope of discovery.
(1)With the exception of the substance of any oral or written communications made by and between a complainant or complainant's attorney and the petitioner subsequent to a determination that probable cause exists, the materials contained in the petitioner's investigatory file must be available as of right to any party for inspection and copying subsequent to docketing at OATH upon reasonable notice, unless a default has been entered against that party by the administrative law judge.
(2)In the absence of an agreement by the parties, the number of interrogatories, including subparts, is limited to fifteen. The administrative law judge may permit additional interrogatories upon application for good cause shown.
(3)Any party may take the deposition of any other party as of right. Other depositions may be taken only upon leave of the administrative law judge for good cause shown. No person may be deposed by the party conducting the examination for a period aggregating more than seven hours except upon consent of all parties or leave of the administrative law judge for good cause shown. Deposition testimony may be recorded by a stenographer or by videotape or audiotape recording, at the option of the party conducting the deposition. The cost of the recording and transcription of deposition testimony must be borne by the party conducting the deposition.
(c)Sanctions. Failure to comply with or object to a discovery request in a timely fashion as provided by 48 RCNY § 1-33 may result in the imposition of sanctions as appropriate, including those specified in 48 RCNY § 1-33(d)(3). (Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 8/20/2021, eff. 9/19/2021)
