2006 New York Code - Disclosure



 
                                 ARTICLE 31
                                 DISCLOSURE
 
           3101.    Scope of disclosure.
                      (a) Generally.
                      (b) Privileged matter.
                      (c) Attorney's work product.
                      (d) Trial preparation.
                      (e) Party's statement.
                      (f) Contents of insurance agreement.
                      (g) Accident reports.
                      (h) Amendment or supplementation of responses.
           3102.    Method of obtaining disclosure.
                      (a) Disclosure devices.
                      (b) Stipulation or notice normal method.
                      (c) Before action commenced.
                      (d) After trial commenced.
                      (e) Action pending in another jurisdiction.
                      (f) Action to which state is party.
           3103.    Protective orders.
                      (a) Prevention of abuse.
                      (b) Suspension of disclosure pending application for
                            protective order.
                      (c) Suppression of information improperly obtained.
           3104.    Supervision of disclosure.
                      (a) Motion   for,  and  extent  of,  supervision  of
                            disclosure.
                      (b) Selection of referee.
                      (c) Powers of referee; motions  referred  to  person
                            supervising disclosure.
                      (d) Review of order of referee.
                      (e) Payment of expenses of referee.
           3105.    Notice to party in default.
           3106.    Priority   of   depositions;   witnesses;   prisoners;
                      designation of deponent.
                      (a) Normal priority.
                      (b) Witnesses.
                      (c) Prisoners.
                      (d) Designation of deponent.
           3107.    Notice of taking oral questions.
           3108.    Written questions; when permitted.
           3109.    Notice of taking deposition on written questions.
                      (a) Notice  of  taking;  service  of  questions  and
                            cross-questions.
                      (b) Officer asking 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.
                      (a) Persons before whom depositions may be taken.
                      (b) Oath   of   witness;   recording  of  testimony;
                            objections;  continuous  examination;  written
                            questions read by examining officer.
                      (c) Examination and cross-examination.
           3114.    Examination  of  witness  who  does not understand the
                      English language.
           3115.    Objections   to   qualification   of   person   taking
                      deposition; competency; questions and answers.
                      (a) Objection when deposition offered in evidence.
                      (b) Errors  which  might  be  obviated if made known
                            promptly.
                      (c) Disqualification of person taking deposition.
                      (d) Competency  of  witnesses  or  admissibility  of
                            testimony.
                      (e) Form of written questions.
           3116.    Signing deposition; physical preparation; copies.
                      (a) Signing.
                      (b) Certification and filing by officer.
                      (c) Exhibits.
                      (d) Expenses of taking.
                      (e) Errors of officer or person transcribing.
           3117.    Use of depositions.
                      (a) Impeachment  of  witnesses; parties; unavailable
                            witness.
                      (b) Use of part of deposition.
                      (c) Substitution of parties; prior actions.
                      (d) Effect of using deposition.
           3118.    Demand for address of party or of person who possessed
                      an assigned cause of action or defense.
           3120.    Discovery and production of documents and  things  for
                      inspection, testing, copying or photographing.
           3121.    Physical or mental examination.
                      (a) Notice of examination.
                      (b) Copy of report.
           3122.    Objection  to  disclosure,  inspection or examination;
                      compliance.
           3122-a.  Certification of business records.
           3123.    Admissions as to matters of  fact,  papers,  documents
                      and photographs.
                      (a) Notice  to  admit;  admission  unless  denied or
                            denial excused.
                      (b) Effect of admission.
                      (c) Penalty for unreasonable denial.
           3124.    Failure to disclose; motion to compel disclosure.
           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.
                      (a) Service of an answer or objection.
                      (b) Form    of    answers    and    objections    to
                            interrogatories.
                      (c) Amended answers.
           3140.    Disclosure   of   appraisals   in   proceedings    for
                      condemnation,   appropriation   or   review  of  tax
                      assessments.

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