After commencement of an action, any party may serve written interrogatories upon any other party. Interrogatories may not be served upon a defendant before that defendant’s time for serving a responsive pleading has expired, except by leave of court granted with or without notice. A copy of the interrogatories and of any order made under this rule shall be served on each party.
R 3132.Service of interrogatories
Article 31. Disclosure · Last amended 1994 · Last verified July 21, 2026
In one sentenceCPLR 3132 governs when and how interrogatories may be served, barring service on a defendant before that defendant's time to answer has expired unless the court grants leave, and requiring copies of any court order under the rule to be served on every party.
Full Text of CPLR 3132
Plain-English Summary
Timing matters with interrogatories, and CPLR 3132 sets the baseline. Once an action commences, any party can serve written interrogatories on any other party. But a defendant gets breathing room first: interrogatories can't be served before that defendant's time to answer the complaint has run, unless the court grants leave — with or without notice — to jump ahead of that deadline.
The rule also keeps every party in the loop. Whenever interrogatories go out, and whenever a court issues an order under this rule, a copy has to be served on each party in the case, not just the one being questioned.
Frequently Asked Questions
When can I serve interrogatories on a defendant in a New York lawsuit?
Not before that defendant's time to serve a responsive pleading has expired, unless the court grants leave to serve them earlier.
Do I need court permission to serve interrogatories on a plaintiff?
No special timing restriction applies to a plaintiff under CPLR 3132; the defendant's-time-to-answer limit applies specifically to interrogatories served on a defendant.
Does everyone in the case need to get a copy of interrogatories, even parties not being asked the questions?
Yes. CPLR 3132 requires a copy of the interrogatories, and of any order made under the rule, to be served on each party.
Can a court let interrogatories be served before a defendant answers?
Yes, by leave of court, granted with or without notice to the other parties.
What happens once interrogatories are properly served under CPLR 3132?
The recipient must respond under CPLR 3133, either answering under oath within twenty days or objecting with reasons stated with particularity.
Advisory Committee Notes
This section is based on New Jersey rule 4:23-2 and the second sentence of Rule 33 of the Federal Rules of Civil Procedure but the phrase “without leave of court,” appearing in these rules, has been omitted as unnecessary since all disclosure devices in the CPLR are designed to be used without leave of the court. Times have been fixed to accord with CPLR Rules 3106 and 3134(a). New Jersey rule 4:23-1, requiring three copies to be furnished, has not been followed. The New Jersey practice is designed to save the typing of extra copies if a motion for summary judgment is contemplated. Under this section this practice may be followed by the attorneys concerned without the aid of a rule. Also departing from the New Jersey rule is the requirement that a copy must be served on each of the parties. All parties should be apprised of what is going on in the litigation.
Amendment History
Add, L 1963, ch 422, § 3; amd, L 1993, ch 98, § 12, eff Jan 1, 1994.
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
Also known as: serving interrogatories New Yorkwhen to serve interrogatories on defendant New YorkCPLR 3132 timing