N.Y.
Civil Practice Law & Rules Section 3119
Uniform interstate depositions and discovery
(a)
Definitions. For purposes of this section:(1)
“Out-of-state subpoena” means a subpoena issued under authority of a court of record of a state other than this state.(2)
“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.(3)
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.(4)
“Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:(i)
attend and give testimony at a deposition;(ii)
produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody or control of the person; or(iii)
permit inspection of premises under the control of the person.(b)
Issuance of subpoena.(1)
To request issuance of a subpoena under this section, a party must submit an out-of-state subpoena to the county clerk in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute an appearance in the courts of this state.(2)
When a party submits an out-of-state subpoena to the county clerk, the clerk, in accordance with that court’s procedure and subject to the provisions of article 23 (Subpoenas, Oaths and Affirmations)article twenty-three of this chapter, shall promptly issue a subpoena for service upon the person to which the out-of-state subpoena is directed.(3)
A subpoena under paragraph two of this subdivision must:(i)
incorporate the terms used in the out-of-state subpoena; and(ii)
contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.(4)
Notwithstanding paragraph one of this subdivision, if a party to an out-of-state proceeding retains an attorney licensed to practice in this state, and that attorney receives the original or a true copy of an out-of-state subpoena, the attorney may issue a subpoena under this section.(c)
Service of subpoena. A subpoena issued under this section must be served in compliance with sections two thousand three hundred two and two thousand three hundred three of this chapter.(d)
Deposition, production and inspection. Sections two thousand three hundred three, two thousand three hundred five, two thousand three hundred six, two thousand three hundred seven, two thousand three hundred eight and this article apply to subpoenas issued under subdivision (b) of this section.(e)
Application to court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued under this section must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.(f)
Uniformity of application and construction. In applying and constructing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.(g)
(1) Out-of-state proceedings regarding legally protected health activities. Notwithstanding any other provisions of this section or any other law, no court or county clerk shall issue a subpoena under this section in connection with an out-of-state proceeding relating to any legally protected health activity which occurred in this state, unless such out-of-state proceeding (i) sounds in tort or contract, (ii) is actionable, in an equivalent or similar manner, under the laws of this state, and(iii)
was brought by the patient who received reproductive health services as defined in paragraph (a) of subdivision one of section 570.17 of the criminal procedure law, or the patient’s legal representative, so long as the patient gives express consent unless express consent is not feasible due to patient injury or death.(2)
For purposes of this subdivision, the terms “legally protected health activity” and “reproductive health services” shall have the same meanings as defined in subdivision one of section 570.17 of the criminal procedure law.(h)
Subpoenas related to gender-affirming care. Notwithstanding any other provisions of law, no court or county clerk shall issue a subpoena under this section in connection with an out-of-state proceeding relating to any gender-affirming care, as defined in paragraph (c) of subdivision one of Education Law § 6531-B (Exceptions)section sixty-five hundred thirty-one-b of the education law, which was legally performed, sought, received, or supported in this state, unless such out-of-state proceeding (1) sounds in tort or contract, or is based on statute, (2) is actionable, in an equivalent or similar manner, under the laws of this state, and(3)
was brought by the patient who received the gender-affirming care, or the patient’s legal representative.
Source:
Section 3119 — Uniform interstate depositions and discovery, https://www.nysenate.gov/legislation/laws/CVP/3119 (updated Mar. 8, 2024; accessed Oct. 26, 2024).
