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 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 Feb. 16, 2024; accessed Mar. 2, 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:
Mar. 2, 2024

Last modified:
Feb. 16, 2024

§ 3119’s source at nysenate​.gov

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