Local Rule Local Civil Rule 33.2: Standard Discovery in Prisoner Pro Se Actions

Local Civil Rule 33.2. Standard Discovery in Prisoner Pro Se Actions

(a) This rule applies in any action commenced pro se in which the plaintiff's complaint includes any claim described in paragraph (b) of this rule and in which the events alleged in the complaint occurred while the plaintiff was in the custody of the New York State Department of Corrections & Community Supervision, the Department of Correction of the City of New York, or any other jail, prison, or correctional facility operated by or for a city, county, municipality, or other local governmental entity (collectively, the "Department").

Defendants represented by the Office of the New York State Attorney General, the Office of the Corporation Counsel of the City of New York, or counsel for or appointed by the Department responsible for the jail, prison, or correctional facility (collectively, the "Facility"), must respond to the standing discovery requests adopted by the court, in accordance with the instructions and definitions set forth in the standing requests, unless ordered otherwise by the court.

(b) The claims to which the standard discovery requests apply are Use of Force Cases, Inmate Against Inmate Assault Cases, and Disciplinary Due Process Cases, as defined below.

(1) "Use of Force Case" refers to an action in which the complaint alleges that an employee of the Department or Facility used physical force against the plaintiff in violation of the plaintiff's rights.

(2) "Inmate Against Inmate Assault Case" refers to an action in which the complaint alleges that an employee of the Department or Facility was responsible for the plaintiff's injury resulting from physical contact with another inmate.

(3) "Disciplinary Due Process Case" refers to an action in which (i) the complaint alleges that an employee of the Department or Facility violated or permitted the violation of a right or rights in a disciplinary proceeding against plaintiff, and (ii) the punishment imposed on plaintiff as a result of that proceeding was placement in a special housing unit for more than 30 days.

(c) If a response to the requests is required to be made on behalf of an individual defendant represented by the Office of the Corporation Counsel, the Office of the New York State Attorney General, or counsel for or appointed by the Department responsible for the Facility, it must be made on the basis of information and documents within the possession, custody, or control of the Department or Facility in accordance with the instructions contained in the requests. If no defendant is represented by those counsel, responses based on that information need not be made under this local rule, without prejudice to such other discovery procedures as the plaintiff may initiate.

(d) The requests, denominated "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents," must be answered within 120 days of service of the complaint on any named defendant except (i) as ordered otherwise by the court, for good cause shown, which must be based on the facts and procedural status of the particular case and not on a generalized claim of burden, expense, or relevance, or (ii) if a dispositive motion is pending. The responses to the requests must be served on the plaintiff and must include verbatim quotation of the requests. Copies of the requests are available from the court, including the court's website.

(e) Except upon permission of the court, for good cause shown, the requests constitute the sole form of discovery available to plaintiff during the 120-day period designated above.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.