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 Mar. 23, 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. 23, 2024

Last modified:
Sep. 22, 2014

§ 3120’s source at nysenate​.gov

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