§ 3130. Use of interrogatories.
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§ 3130. Use of interrogatories. 1. Except as otherwise provided
herein, after commencement of an action, any party may serve upon any
other party written interrogatories. Except in a matrimonial action, a
party may not serve written interrogatories on another party and also
demand a bill of particulars of the same party pursuant to section 3041.
In the case of an action to recover damages for personal injury, injury
to property or wrongful death predicated solely on a cause or causes of
action for negligence, a party shall not be permitted to serve
interrogatories on and conduct a deposition of the same party pursuant
to rule 3107 without leave of court.
2. After the commencement of a matrimonial action or proceeding, upon
motion brought by either party, upon such notice to the other party and
to the non-party from whom financial disclosure is sought, and given in
such manner as the court shall direct, the court may order a non-party
to respond under oath to written interrogatories limited to furnishing
financial information concerning a party, and further provided such
information is both reasonable and necessary in the prosecution or the
defense of such matrimonial action or proceeding.