2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
3119 - Uniform interstate depositions and discovery.

* §   3119.   Uniform   interstate   depositions  and  discovery.  (a)
  Definitions.  For purposes of this section:
    (1) "Out-of-state subpoena" means a subpoena issued under authority of
  a court of record of a state other than this state.
    (2) "Person" means an individual, corporation, business trust, estate,
  trust,  partnership,  limited  liability  company,  association,   joint
  venture,  public  corporation,  government, or governmental subdivision,
  agency or instrumentality, or any other legal or commercial entity.
    (3) "State" means a state  of  the  United  States,  the  District  of
  Columbia,  Puerto  Rico,  the  United  States  Virgin  Islands,  or  any
  territory or insular possession  subject  to  the  jurisdiction  of  the
  United States.
    (4)  "Subpoena"  means  a  document, however denominated, issued under
  authority of a court of record requiring a person to:
    (i) attend and give testimony at a deposition;
    (ii) produce and permit inspection and copying  of  designated  books,
  documents,  records,  electronically  stored  information,  or  tangible
  things in the possession, custody or control of the person; or
    (iii) permit inspection of premises under the control of the person.
    (b) Issuance of subpoena. (1) To request issuance of a subpoena  under
  this section, a party must submit an out-of-state subpoena to the county
  clerk in the county in which discovery is sought to be conducted in this
  state.  A request for the issuance of a subpoena under this section does
  not constitute an appearance in the courts of this state.
    (2) When a party submits an out-of-state subpoena to the county clerk,
  the clerk, in accordance with that court's procedure and subject to  the
  provisions of article twenty-three of this chapter, shall promptly issue
  a  subpoena  for  service  upon  the  person  to  which the out-of-state
  subpoena is directed.
    (3) A subpoena under paragraph two of this subdivision must:
    (i) incorporate the terms used in the out-of-state subpoena; and
    (ii) contain or be accompanied by the names, addresses  and  telephone
  numbers of all counsel of record in the proceeding to which the subpoena
  relates and of any party not represented by counsel.
    (4)  Notwithstanding  paragraph one of this subdivision, if a party to
  an out-of-state proceeding retains an attorney licensed to  practice  in
  this state, and that attorney receives the original or a true copy of an
  out-of-state  subpoena,  the  attorney  may  issue a subpoena under this
    (c) Service of subpoena. A subpoena issued under this section must  be
  served  in  compliance  with sections two thousand three hundred two and
  two thousand three hundred three of this chapter.
    (d) Deposition, production and inspection. Sections two thousand three
  hundred three, two thousand  three  hundred  five,  two  thousand  three
  hundred  six,  two  thousand  three  hundred  seven,  two thousand three
  hundred  eight  and  this  article  apply  to  subpoenas  issued   under
  subdivision (b) of this section.
    (e) Application to court. An application to the court for a protective
  order  or  to  enforce,  quash,  or  modify a subpoena issued under this
  section must comply with the rules or statutes  of  this  state  and  be
  submitted  to  the  court  in  the  county  in  which discovery is to be
    (f) Uniformity  of  application  and  construction.  In  applying  and
  constructing  this uniform act, consideration shall be given to the need
  to promote uniformity of the law with  respect  to  its  subject  matter
  among states that enact it.
    * NB Effective January 1, 2011

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