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Multiple Defendants how many motions to compel and affidavits of good faith

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AnnaHunter

Junior Member
What is the name of your state (only U.S. law)? NY

If we (pro se plaintiffs) are filing a motion to compel multiple parties to comply with various discovery demands do we file separate motions and separate affidavits in support or can the motions be filed under a single Motion to Compel and Other Relief, with a single good faith affidavit and separate affidavit in support?

Also, what is procedure for requesting an extenstion to file the NOI? Can we put that in the motion too?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? NY

If we (pro se plaintiffs) are filing a motion to compel multiple parties to comply with various discovery demands do we file separate motions and separate affidavits in support or can the motions be filed under a single Motion to Compel and Other Relief, with a single good faith affidavit and separate affidavit in support?

Also, what is procedure for requesting an extenstion to file the NOI? Can we put that in the motion too?
If the defendants are represented by different attorneys, you will need to file separate motions.

NOI, I assume, is "Notice of Intent?" It needs to be filed separate from the motion to compel.
 
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AnnaHunter

Junior Member
Thanks for your responses. Five defendants represented by three separate attorneys. The issue has been joined. NOI is the Note of Issue, which is a hard deadline fixing the end of discovery. If there is outstanding discovery we must request the court extend this date.
 

quincy

Senior Member
Thanks for your responses. Five defendants represented by three separate attorneys. The issue has been joined. NOI is the Note of Issue, which is a hard deadline fixing the end of discovery. If there is outstanding discovery we must request the court extend this date.
The abbreviation NOI is most commonly used to indicate Notice of Intent so thank you for explaining how you are using it in your post to indicate Note of Issue (and it is, indeed, an abbreviation for that). It also makes more sense with your post's question.

Here is a direct link to the New York Civil Practice Law and Rules provided to you earlier by adjusterjack: http://www.newyorkcplr.com/

As a pro se litigant, you need to become familiar with these rules.

Have you been ordered by the court to file the note of issue? What is the deadline for filing? Have you consulted already with the opposing parties' attorneys on extending the deadline? Your reason for filing for an extension is failure by defendant(s) to provide all of the discovery materials requested? Have you subpoenaed the material?

You will need to move for the extension, pursuant to CPLR 2004, after consultation with the defendants' attorneys and prior to the default date to serve and file your note of issue.
 
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quincy

Senior Member
AnnaHunter, here is a link to the other thread you started on deposing non-party witnesses: https://forum.freeadvice.com/civil-litigation-46/pro-se-plaintiff-seeking-depose-non-party-witnesses-633380.html

It is preferred on this site that all related questions are kept to a single thread.

Here is a link to Article 31 of the New York Rules of Civil Procedure (the general link was provided to you previously): http://www.newyorkcplr.com/article-31.php

This contains the rules governing disclosure in general and depositions in particular (see CPLR sections 3106-3117).

Good luck with your legal action.
 

quincy

Senior Member
AnnaHunter, any additional questions you have related to this same court action should be added to this thread. Thanks. :)
 

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