N.Y. Civil Practice Law & Rules Section 3116
Signing deposition

  • physical preparation
  • copies

(a)

Signing. The deposition shall be submitted to the witness for examination and shall be read to or by him or her, and any changes in form or substance which the witness desires to make shall be entered at the end of the deposition with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness before any officer authorized to administer an oath. If the witness fails to sign and return the deposition within sixty days, it may be used as fully as though signed. No changes to the transcript may be made by the witness more than sixty days after submission to the witness for examination.

(b)

Certification and filing by officer. The officer before whom the deposition was taken shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall list all appearances by the parties and attorneys. If the deposition was taken on written questions, he shall attach to it the copy of the notice and written questions received by him. He shall then securely seal the deposition in an envelope endorsed with the title of the action and the index number of the action, if one has been assigned, and marked “Deposition of (here insert name of witness)” and shall promptly file it with, or send it by registered or certified mail to the clerk of the court where the case is to be tried. The deposition shall always be open to the inspection of the parties, each of whom is entitled to make copies thereof. If a copy of the deposition is furnished to each party or if the parties stipulate to waive filing, the officer need not file the original but may deliver it to the party taking the deposition.

(c)

Exhibits. Documentary evidence exhibited before the officer or exhibits marked for identification during the examination of the witness shall be annexed to and returned with the deposition. However, if requested by the party producing documentary evidence or on exhibit, the officer shall mark it for identification as an exhibit in the case, give each party an opportunity to copy or inspect it, and return it to the party offering it, and it may then be used in the same manner as if annexed to and returned with the deposition.

(d)

Expenses of taking. Unless the court orders otherwise, the party taking the deposition shall bear the expense thereof.

(e)

Errors of officer or person transcribing. Errors and irregularities of the officer or the person transcribing the deposition are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

Source: Section 3116 — Signing deposition; physical preparation; copies, https://www.­nysenate.­gov/legislation/laws/CVP/3116 (updated Sep. 22, 2014; accessed Dec. 21, 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

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 3116’s source at nysenate​.gov

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