Which limitation applies to the use of interrogatories in civil actions in New York?

• A. They cannot be used if a bill of particulars is demanded of the same party.
• B. They may be used freely in any case with no restrictions.
• C. They require a deposition to be conducted before use.
• D. They can be served only after a party has been deposed.

Answer: (A)

Interrogatories to a party in New York are a written discovery tool that has limits to prevent duplication and burden. A specific limitation is tied to the demand for a bill of particulars: if the opposing party has demanded a bill of particulars from the same party, interrogatories cannot be used for that party. The bill of particulars serves to elicit detailed, itemized facts about the claim, and allowing interrogatories on top of that would duplicate effort and risk inconsistent answers. That’s why this option describes a real constraint on using interrogatories in this context.

The other statements aren’t accurate: interrogatories aren’t available without any restrictions, they aren’t required to be preceded by a deposition, and they can be served without waiting for a deposition to occur.