CPLR § 3130

Use of interrogatories · as in force on May 31, 2026

§ 3130. Use of interrogatories. 1. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.

2. After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/3130

In plain English

After a case starts, parties may use written interrogatories, but ordinarily cannot combine them with certain overlapping disclosure devices against the same party.

(1) A party may serve another party with written interrogatories. Except in a matrimonial action, that party cannot also demand a bill of particulars from the same party under § 3041. In a negligence-only personal-injury, property-damage or wrongful-death case, a party cannot both serve interrogatories on and depose the same party under Rule 3107 without court permission. ★
(2) In a matrimonial case or proceeding, the court may, on either party’s noticed motion, order a non-party to answer sworn written interrogatories limited to a party’s financial information when that information is reasonable and necessary to prosecute or defend the matter.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.