2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
3102 - Method of obtaining disclosure.

§  3102.  Method  of  obtaining  disclosure.  (a)  Disclosure devices.
  Information is obtainable by one or more  of  the  following  disclosure
  devices:  depositions  upon  oral  questions  or  without the state upon
  written questions, interrogatories, demands for addresses, discovery and
  inspection of documents or property, physical and mental examinations of
  persons, and requests for admission.
    (b) Stipulation or notice normal method. Unless otherwise provided  by
  the  civil  practice  law and rules or by the court, disclosure shall be
  obtained by stipulation or on notice without leave of the court.
    (c) Before action commenced. Before an action is commenced, disclosure
  to aid in bringing an action, to  preserve  information  or  to  aid  in
  arbitration,  may  be  obtained,  but only by court order. The court may
  appoint a referee to take testimony.
    (d) After trial commenced. Except as provided in section 5223,  during
  and  after  trial, disclosure may be obtained only by order of the trial
  court on notice.
    * (e) Action pending in another jurisdiction. When under any  mandate,
  writ or commission issued out of any court of record in any other state,
  territory,  district or foreign jurisdiction, or whenever upon notice or
  agreement, it is required to take the testimony  of  a  witness  in  the
  state,  he may be compelled to appear and testify in the same manner and
  by the same process as  may  be  employed  for  the  purpose  of  taking
  testimony in actions pending in the state. The supreme court or a county
  court  shall  make  any  appropriate  order  in  aid  of  taking  such a
  deposition.
    * NB Effective until January 1, 2011
    * (e) Action pending in another jurisdiction. Except  as  provided  in
  section  three thousand one hundred nineteen of this article, when under
  any mandate, writ or commission issued out of any court of record in any
  other state, territory, district or foreign  jurisdiction,  or  whenever
  upon  notice  or  agreement,  it  is required to take the testimony of a
  witness in the state, he or she may be compelled to appear  and  testify
  in  the  same  manner and by the same process as may be employed for the
  purpose of taking testimony in actions pending in the state. The supreme
  court or a county court shall make  any  appropriate  order  in  aid  of
  taking such a deposition.
    * NB Effective January 1, 2011
    (f) Action to which state is party. In an action in which the state is
  properly   a  party,  whether  as  plaintiff,  defendant  or  otherwise,
  disclosure by the state shall be  available  as  if  the  state  were  a
  private person.

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