Can plaintiff initiate discovery process if defendant does not?

June 9, 2014


In a NYS Supreme Court case defendant answered, but included no additional documents. There is only an answer with no discovery request or any other request or demand. Can I send to the defendant attorney my discovery request, interrogatories, and other related discovery requests if I received no request from them yet? Or is it good or customary to wait for the defendant to send a request/ demand in New York State? I am interested in obtaining an attorney I don't think an attorney would accept a case this far along.


The case is not far along. You don't have to wait for their demands (although it's quite unusual for a defense firm not to attach demands to an Answer). Maybe your Complaint is deficient, and they intend to move to dismiss it. Use Avvo's lawyer search too. Call the Bar Assocaition for a lawyer referral. I can't tell you how many people ruin a perfectly good case by trying to be their own lawyer.

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