Interrogatories may relate to any matters embraced in the disclosure requirement of section 3101 and the answers may be used to the same extent as the depositions of a party. Interrogatories may require copies of such papers, documents or photographs as are relevant to the answers required, unless opportunity for this examination and copying be afforded.
§ 3131.Scope of interrogatories
Article 31. Disclosure · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 3131 ties the permissible scope of interrogatories to the general disclosure standard of CPLR 3101, lets answers be used like deposition testimony, and lets interrogatories demand copies of related papers unless the responding party instead offers inspection and copying.
Full Text of CPLR 3131
Plain-English Summary
CPLR 3131 keeps interrogatories from becoming a narrower or broader tool than the rest of discovery. Whatever a party could reach through CPLR 3101's general disclosure standard, it can reach through interrogatories too — the scope is the same, just the format that changes. And once answered, those answers carry the same weight as deposition testimony: they can be used the same way at trial or on a motion.
The rule also lets an interrogatory ask for copies of documents or photographs tied to the answer, rather than settling for a description. The responding party isn't stuck making copies of everything, though — offering the requesting party a chance to inspect and copy the material directly satisfies the same obligation.
Frequently Asked Questions
Is there a separate scope of discovery for interrogatories in New York?
No. CPLR 3131 ties interrogatories to the same disclosure standard set out in CPLR 3101, so anything discoverable through other means is discoverable through interrogatories.
Can interrogatory answers be used at trial the same way deposition testimony can?
Yes. CPLR 3131 lets answers to interrogatories be used to the same extent as a party's deposition testimony.
Can I ask for copies of documents through an interrogatory instead of a separate document demand?
Yes. Interrogatories can require copies of papers, documents, or photographs relevant to the answers, unless the responding party instead offers the chance to inspect and copy them.
What is the relationship between CPLR 3131 and CPLR 3101?
CPLR 3101 sets the general standard for what's discoverable in a New York lawsuit; CPLR 3131 applies that same standard specifically to interrogatories.
Can a party avoid producing document copies with interrogatory answers?
Yes, by giving the requesting party the opportunity to examine and copy the documents directly instead of attaching copies to the answers.
Advisory Committee Notes
The first sentence of this section is based upon the first sentence of the second paragraph of Rule 33 of the Federal Rules of Civil Procedure. The second sentence is new.
Amendment History
Add, L 1963, ch 422, § 3; amd, L 1975, ch 859, § 1, eff Sept 8, 1975.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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