2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3120 - Discovery and production of documents and things for inspection, testing, copying or photographing.

 
    Rule  3120.  Discovery  and  production  of  documents  and things for
  inspection, testing, copying or photographing.
    1. After commencement of an action, any party may serve on  any  other
  party a notice or on any other person a subpoena duces tecum:
    (i)  to  produce  and  permit  the party seeking discovery, or someone
  acting on his or her behalf, to inspect, copy, test  or  photograph  any
  designated  documents or any things which are in the possession, custody
  or control of the party or person served; or
    (ii) to permit entry upon designated land or  other  property  in  the
  possession,  custody  or  control  of the party or person served for the
  purpose  of  inspecting,  measuring,   surveying,   sampling,   testing,
  photographing  or recording by motion pictures or otherwise the property
  or any specifically designated object or operation thereon.
    2. The notice or subpoena duces tecum shall specify  the  time,  which
  shall  be  not  less  than  twenty  days  after service of the notice or
  subpoena, and the place and manner of making the inspection, copy,  test
  or  photograph,  or of the entry upon the land or other property and, in
  the case of an inspection, copying, testing or photographing, shall  set
  forth  the  items  to  be  inspected,  copied, tested or photographed by
  individual item or  by  category,  and  shall  describe  each  item  and
  category with reasonable particularity.
    3.  The  party  issuing a subpoena duces tecum as provided hereinabove
  shall at the same time serve a copy  of  the  subpoena  upon  all  other
  parties  and,  within  five days of compliance therewith, in whole or in
  part, give to each party notice that  the  items  produced  in  response
  thereto  are  available  for inspection and copying, specifying the time
  and place thereof.
    4. Nothing contained in this section shall be construed to change  the
  requirement  of  section  2307  that a subpoena duces tecum to be served
  upon a library or a department or bureau of a municipal corporation,  or
  of the state, or an officer thereof, requires a motion made on notice to
  the  library, department, bureau or officer, and the adverse party, to a
  justice of the supreme court or a judge of the court in which the action
  is triable.