N.Y. Civil Practice Law & Rules Section 3117
Use of depositions


(a)

Impeachment of witnesses; parties; unavailable witness. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used in accordance with any of the following provisions:

1.

any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness;

2.

the deposition testimony of a party or of any person who was a party when the testimony was given or of any person who at the time the testimony was given was an officer, director, member, employee or managing or authorized agent of a party, may be used for any purpose by any party who was adversely interested when the deposition testimony was given or who is adversely interested when the deposition testimony is offered in evidence;

3.

the deposition of any person may be used by any party for any purpose against any other party who was present or represented at the taking of the deposition or who had the notice required under these rules, provided the court finds:

(i)

that the witness is dead; or

(ii)

that the witness is at a greater distance than one hundred miles from the place of trial or is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition; or

(iii)

that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or

(iv)

that the party offering the deposition has been unable to procure the attendance of the witness by diligent efforts; or

(v)

upon motion or notice, that such exceptional circumstances exist as to make its use desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court;

4.

the deposition of a person authorized to practice medicine may be used by any party without the necessity of showing unavailability or special circumstances, subject to the right of any party to move pursuant to section 3103 to prevent abuse.

(b)

Use of part of deposition. If only part of a deposition is read at the trial by a party, any other party may read any other part of the deposition which ought in fairness to be considered in connection with the part read.

(c)

Substitution of parties; prior actions. Substitution of parties does not affect the right to use depositions previously taken. When an action has been brought in any court of any state or of the United States and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest all depositions taken in the former action may be used in the latter as if taken therein.

(d)

Effect of using deposition. A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use of a deposition as described in paragraph two of subdivision (a). At the trial, any party may rebut any relevant evidence contained in a deposition, whether introduced by him or by any other party.

Source: Section 3117 — Use of depositions, https://www.­nysenate.­gov/legislation/laws/CVP/3117 (updated Sep. 22, 2014; accessed Jun. 22, 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:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 3117’s source at nysenate​.gov

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