Non-compliance with Discovery Orders is dangerous as it can ultimately lead to penalties and sanctions against non-compliant litigants and their attorneys. In practice, attorneys often intentionally disregard discovery demands served upon them despite the deadlines for responses required by the New York State Civil Practice Law and Rules (“CPLR”). Pursuant to CPLR § 3126 and CPLR § 3124, however, the Courts have discretion to severely penalize counsel representing parties who are not in compliance. As noted herein, such discovery defaults are professionally irresponsible, posing a threat to both the attorney and the client.
When a party fails to comply with a Discovery Demand or Discovery Order, the opposing party may file a Motion to compel the production of outstanding responses pursuant to CPLR § 3124 or a Motion seeking preclusive relief pursuant to CPLR § 3126. Continue reading