N.Y. Civil Practice Law & Rules Section 3109
Notice of taking deposition on written questions

(a)

Notice of taking; service of questions and cross-questions. A party desiring to take the deposition of any person upon written questions shall serve such questions upon each party together with a notice stating the name and address of the person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs, and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within fifteen days thereafter a party so served may serve written cross-questions upon each party. Within seven days thereafter the original party may serve written redirect questions upon each party. Within five days after being served with written redirect questions, a party may serve written recross-questions upon each party.

(b)

Officer asking written questions. A copy of the notice and copies of all written questions served shall be delivered by the party taking the deposition to the officer designated in the notice. The officer shall proceed promptly to take the testimony of the witness in response to the written questions and to prepare the deposition.

Source: Section 3109 — Notice of taking deposition on written questions, https://www.­nysenate.­gov/legislation/laws/CVP/3109 (updated Sep. 22, 2014; accessed Apr. 20, 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
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 3109’s source at nysenate​.gov

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