N.Y. Civil Practice Law & Rules Section 3104
Supervision of disclosure

(a)

Motion for, and extent of, supervision of disclosure. Upon the motion of any party or witness on notice to all parties or on its own initiative without notice, the court in which an action is pending may by one of its judges or a referee supervise all or part of any disclosure procedure.

(b)

Selection of referee. A judicial hearing officer may be designated as a referee under this section, or the court may permit all of the parties in an action to stipulate that a named attorney may act as referee. In such latter event, the stipulation shall provide for payment of his fees which shall, unless otherwise agreed, be taxed as disbursements.

(c)

Powers of referee; motions referred to person supervising disclosure. A referee under this section shall have all the powers of the court under this article except the power to relieve himself of his duties, to appoint a successor, or to adjudge any person guilty of contempt. All motions or applications made under this article shall be returnable before the judge or referee, designated under this section and after disposition, if requested by any party, his order shall be filed in the office of the clerk.

(d)

Review of order of referee. Any party or witness may apply for review of an order made under this section by a referee. The application shall be by motion made in the court in which the action is pending within five days after the order is made. Service of a notice of motion for review shall suspend disclosure of the particular matter in dispute. If the question raised by the motion may affect the rights of a witness, notice shall be served on him personally or by mail at his last known address. It shall set forth succinctly the order complained of, the reason it is objectionable and the relief demanded.

(e)

Payment of expenses of referee. Except where a judicial hearing officer has been designated a referee hereunder, the court may make an appropriate order for the payment of the reasonable expenses of the referee.

Source: Section 3104 — Supervision of disclosure, https://www.­nysenate.­gov/legislation/laws/CVP/3104 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

3101
Scope of disclosure 3102
Method of obtaining disclosure 3103
Protective orders 3104
Supervision of disclosure 3105
Notice to party in default 3106
Priority of depositions 3107
Notice of taking oral questions 3108
Written questions 3109
Notice of taking deposition on written questions 3110
Where the deposition is to be taken within the state 3111
Production of things at the examination 3112
Errors in notice for taking depositions 3113
Conduct of the examination 3114
Examination of witness who does not understand the English language 3115
Objections to qualification of person taking deposition 3116
Signing deposition 3117
Use of depositions 3118
Demand for address of party or of person who possessed an assigned cause of action or defense 3119
Uniform interstate depositions and discovery 3120
Discovery and production of documents and things for inspection, testing, copying or photographing 3121
Physical or mental examination 3122
Objection to disclosure, inspection or examination 3122‑A
Certification of business records 3122‑B
Certification of insurance disclosure 3123
Admissions as to matters of fact, papers, documents and photographs 3124
Failure to disclose 3125
Place where motion to compel disclosure made 3126
Penalties for refusal to comply with order or to disclose 3130
Use of interrogatories 3131
Scope of interrogatories 3132
Service of interrogatories 3133
Service of answers or objections to interrogatories 3140
Disclosure of appraisals in proceedings for condemnation, appropriation or review of tax assessments
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 3104’s source at nysenate​.gov

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