N.Y. Civil Practice Law & Rules Section 3120
Discovery and production of documents and things for inspection, testing, copying or photographing

Rule 3120. Discovery and production of documents and things for inspection, testing, copying or photographing.

1.

After commencement of an action, any party may serve on any other party a notice or on any other person a subpoena duces tecum:

(i)

to produce and permit the party seeking discovery, or someone acting on his or her behalf, to inspect, copy, test or photograph any designated documents or any things which are in the possession, custody or control of the party or person served; or

(ii)

to permit entry upon designated land or other property in the possession, custody or control of the party or person served for the purpose of inspecting, measuring, surveying, sampling, testing, photographing or recording by motion pictures or otherwise the property or any specifically designated object or operation thereon.

2.

The notice or subpoena duces tecum shall specify the time, which shall be not less than twenty days after service of the notice or subpoena, and the place and manner of making the inspection, copy, test or photograph, or of the entry upon the land or other property and, in the case of an inspection, copying, testing or photographing, shall set forth the items to be inspected, copied, tested or photographed by individual item or by category, and shall describe each item and category with reasonable particularity.

3.

The party issuing a subpoena duces tecum as provided hereinabove shall at the same time serve a copy of the subpoena upon all other parties and, within five days of compliance therewith, in whole or in part, give to each party notice that the items produced in response thereto are available for inspection and copying, specifying the time and place thereof.

4.

Nothing contained in this section shall be construed to change the requirement of section 2307 that a subpoena duces tecum to be served upon a library or a department or bureau of a municipal corporation, or of the state, or an officer thereof, requires a motion made on notice to the library, department, bureau or officer, and the adverse party, to a justice of the supreme court or a judge of the court in which the action is triable.

Source: Section 3120 — Discovery and production of documents and things for inspection, testing, copying or photographing, https://www.­nysenate.­gov/legislation/laws/CVP/3120 (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
Green check means up to date. Up to date

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 3120’s source at nysenate​.gov

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