New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter B - Rules Of Procedure And Practice
Part 65 - Procedure And Practice
Subpart D - Pre-hearing procedure and discovery
Section 65.34 - Bills of particulars
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A demand for a bill of particulars may be made by any party to a proceeding within 10 days after an answer to a petition is filed. Thereafter, a demand for a bill of particulars may only be made with the Board's approval.
(b) A bill of particulars must be served on the party demanding it, or objections filed with the Board, no more than 10 days after the date the demand was served.
(c) If objections to a demand for a bill of particulars are filed, a copy of the demand must be attached to the objections. The demanding party's response to the objections, if any, must be filed with the Board, with proof of service on the objecting party, within 10 days after service of the objections.
(d) If a party fails to serve a timely bill of particulars or the bill of particulars is insufficient, the demanding party may file a motion requesting the Board to enforce the demand. The motion must include a copy of the demand, and if a bill has been served, a copy of the bill. The motion must be made in the manner set forth by section 65.24 of these rules except that such motion may be made within 10 days after the time to serve the bill has expired. A response to the motion, if any, must be filed, with proof of service, within 10 days after service of the motion. A reply to the response, if any, must be filed, with proof of service, within 5 days after service of the response.
