2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3106 - Priority of depositions; witnesses; prisoners; designation of deponent.

Rule  3106. Priority of depositions; witnesses; prisoners; designation
  of deponent. (a) Normal priority.   After an action  is  commenced,  any
  party  may  take  the testimony of any person by deposition upon oral or
  written questions.   Leave of the court, granted  on  motion,  shall  be
  obtained  if notice of the taking of the deposition of a party is served
  by the plaintiff before that  party's  time  for  serving  a  responsive
  pleading has expired.
    (b)  Witnesses.  Where  the  person to be examined is not a party or a
  person who at the time of taking the deposition is an officer, director,
  member or employee of a party, he  shall  be  served  with  a  subpoena.
  Unless  the  court  orders  otherwise, on motion with or without notice,
  such  subpoena  shall  be  served  at  least  twenty  days  before   the
  examination.    Where  a  motion  for a protective order against such an
  examination is made, the witness shall be notified by the  moving  party
  that the examination is stayed.
    (c) Prisoners. The deposition of a person confined under legal process
  may be taken only by leave of the court.
    (d)  Designation  of deponent. A party desiring to take the deposition
  of a particular officer, director, member or employee of a person  shall
  include  in the notice or subpoena served upon such person the identity,
  description or title of such individual. Such person shall  produce  the
  individual  so designated unless they shall have, no later than ten days
  prior to the scheduled deposition, notified the  requesting  party  that
  another   individual   would  instead  be  produced  and  the  identity,
  description  or  title  of  such  individual  is  specified.  If  timely
  notification  has  been so given, such other individual shall instead be
  produced.

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