Can discovery via production of documents and interrogatories be satisfied via upload to NYSCEF or alternatively by USPS?
If full participation is recorded in an active case in the New York State Unified Court System NYSCEF - New York State Courts Electronic Filing, can the propounding party request that discovery via production of documents and interrogatories be satisfied by the uploading of those requested documents and responses to the interrogatories by the opposing party to the NYSCEF system? If not, does the state of New York allow the propounding party to request legible photocopies of the requested documents and responses to the interrogatories be sent to him or her by mail?
1 Answer from Attorneys
Discovery documents are not filed with the Court; rather, they are sent to opposing sides by mail, courier service (e.g., messengers; FedEx; UPS) or through any other means agreed to by the parties (e.g., fax; email).