My question involves court procedures for the state of: New York
After filing a reply to the opposition to my motion for summary judgment, the other side contacted the court informally via email copied to me saying they are in possession of an affidavit by a certain person asking for a permission to file it to address my reply. I objected formally and informally to any informal communication with the court and requested that they make a formal request under oath whereby I am provided a copy of the affidavit and the grounds for the request, and asked the other party to provide a copy of the affidavit under discovery, and the court to compel anyway the other party to provide a copy of the affidavit under discovery. Neither happened. The court issued an order granting additional time to have the motion re-filed after more discovery takes place, saying that the parties may exchange evidence under discovery. This got me confused.
1. Does this mean I need to issue a formal request for this affidavit and wait 20 days to receive it?
2. Can they deny providing it saying they no longer need to use it?
3. if so, Can I somehow force them to provide it anyway?
4. If no, would the only remedy be that they cannot use it in evidence? or can a remedy be they cannot use any future affidavit or evidence from the same person?
5. Are there any other options to force production of a document? or there is nothing that can be done to compel production of a document known to exist and in possession of a party?
input, opinions are really appreciated!
In short, I believe that even if a party chooses not to produce a document by contending it would not be using it as evidence should not give it a right to withhold the document because the document may have a probative value beneficial to the party seeking discovery. Is this not be a valid ground to compel production?