2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
3119 - Uniform interstate depositions and discovery.


NY CPLR § 3119 (2012) What's This?
 
    § 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
  section.
    (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
  conducted.
    (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.

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