N.Y. Civil Practice Law & Rules Section 3106
Priority of depositions

  • witnesses
  • prisoners
  • designation of deponent
Rule 3106. Priority of depositions; witnesses; prisoners; designation of deponent.

(a)

Normal priority. After an action is commenced, any party may take the testimony of any person by deposition upon oral or written questions. Leave of the court, granted on motion, shall be obtained if notice of the taking of the deposition of a party is served by the plaintiff before that party’s time for serving a responsive pleading has expired.

(b)

Witnesses. Where the person to be examined is not a party or a person who at the time of taking the deposition is an officer, director, member or employee of a party, he shall be served with a subpoena. Unless the court orders otherwise, on motion with or without notice, such subpoena shall be served at least twenty days before the examination. Where a motion for a protective order against such an examination is made, the witness shall be notified by the moving party that the examination is stayed.

(c)

Prisoners. The deposition of a person confined under legal process may be taken only by leave of the court.

(d)

Designation of deponent. A party desiring to take the deposition of a particular officer, director, member or employee of a person shall include in the notice or subpoena served upon such person the identity, description or title of such individual. Such person shall produce the individual so designated unless they shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. If timely notification has been so given, such other individual shall instead be produced.

Source: Section 3106 — Priority of depositions; witnesses; prisoners; designation of deponent, https://www.­nysenate.­gov/legislation/laws/CVP/3106 (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
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 3106’s source at nysenate​.gov

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