2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3122 - Objection to disclosure, inspection or examination; compliance.

 
    Rule   3122.  Objection  to  disclosure,  inspection  or  examination;
  compliance. (a) 1. Within twenty days of service of a notice or subpoena
  duces tecum under rule 3120 or section 3121, the party or person to whom
  the notice or subpoena duces tecum is directed, if that party or  person
  objects  to  the  disclosure,  inspection  or examination, shall serve a
  response which shall state with reasonable particularity the reasons for
  each objection. If objection is made to part of an item or category, the
  part shall be specified. The party seeking disclosure under rule 3120 or
  section 3121 may move for an order under rule 3124 or section 2308  with
  respect  to  any  objection to, or other failure to respond to or permit
  inspection  as  requested  by,  the  notice  or  subpoena  duces  tecum,
  respectively, or any part thereof.
    2. A medical provider served with a subpoena duces tecum, other than a
  trial  subpoena  issued  by  a  court,  requesting  the  production of a
  patient's medical records pursuant to this  rule  need  not  respond  or
  object  to  the subpoena if the subpoena is not accompanied by a written
  authorization by  the  patient.  Any  subpoena  served  upon  a  medical
  provider  requesting  the  medical  records  of a patient shall state in
  conspicuous bold-faced type that  the  records  shall  not  be  provided
  unless  the  subpoena  is  accompanied by a written authorization by the
  patient, or the court has issued the subpoena or otherwise directed  the
  production of the documents.
    (b)  Whenever a person is required pursuant to such a notice, subpoena
  duces tecum or order to produce documents for inspection, and where such
  person withholds one or more documents that  appear  to  be  within  the
  category  of  the documents required by the notice, subpoena duces tecum
  or order to be produced, such person shall  give  notice  to  the  party
  seeking  the production and inspection of the documents that one or more
  such documents are being withheld. This notice shall indicate the  legal
  ground  for  withholding  each  such  document,  and  shall  provide the
  following information  as  to  each  such  document,  unless  the  party
  withholding  the  document  states  that  divulgence of such information
  would cause disclosure of the allegedly privileged information: (1)  the
  type  of  document;  (2) the general subject matter of the document; (3)
  the date  of  the  document;  and  (4)  such  other  information  as  is
  sufficient to identify the document for a subpoena duces tecum.
    (c)  Whenever a person is required pursuant to such notice or order to
  produce documents for inspection, that person shall produce them as they
  are kept in the regular course of business or shall organize  and  label
  them to correspond to the categories in the request.
    (d) Unless the subpoena duces tecum directs the production of original
  documents  for  inspection and copying at the place where such items are
  usually maintained, it shall be sufficient for the  custodian  or  other
  qualified person to deliver complete and accurate copies of the items to
  be  produced.  The reasonable production expenses of a non-party witness
  shall be defrayed by the party seeking discovery.