2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
3104 - Supervision of disclosure.


NY CPLR § 3104 (2012) What's This?
 
    §  3104.  Supervision  of  disclosure.  (a) Motion for, and extent of,
  supervision of disclosure. Upon the motion of any party  or  witness  on
  notice to all parties or on its own initiative without notice, the court
  in  which  an  action  is  pending may by one of its judges or a referee
  supervise all or part of any disclosure procedure.
    (b) Selection of referee. A judicial hearing officer may be designated
  as a referee under this section, or the court  may  permit  all  of  the
  parties  in  an  action  to  stipulate  that a named attorney may act as
  referee. In such latter event, the stipulation shall provide for payment
  of  his  fees  which  shall,  unless  otherwise  agreed,  be  taxed   as
  disbursements.
    (c)   Powers  of  referee;  motions  referred  to  person  supervising
  disclosure.  A referee under this section shall have all the  powers  of
  the  court under this article except the power to relieve himself of his
  duties, to appoint a successor, or  to  adjudge  any  person  guilty  of
  contempt.   All motions or applications made under this article shall be
  returnable before the judge or referee, designated  under  this  section
  and  after  disposition,  if  requested by any party, his order shall be
  filed in the office of the clerk.
    (d) Review of order of referee. Any party or  witness  may  apply  for
  review of an order made under this section by a referee. The application
  shall  be  by  motion  made  in the court in which the action is pending
  within five days after the order is made. Service of a notice of  motion
  for review shall suspend disclosure of the particular matter in dispute.
  If the question raised by the motion may affect the rights of a witness,
  notice  shall  be  served on him personally or by mail at his last known
  address. It shall set forth succinctly  the  order  complained  of,  the
  reason it is objectionable and the relief demanded.
    (e)  Payment  of  expenses of referee. Except where a judicial hearing
  officer has been designated a referee hereunder, the court may  make  an
  appropriate  order  for  the  payment  of the reasonable expenses of the
  referee.

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