2021 New York Laws
CVP - Civil Practice Law and Rules
Article 31 - Disclosure
R3113 - Conduct of the Examination.

Universal Citation: NY CPLR § 3113 (2021)
Rule  3113.  Conduct  of  the  examination.  (a)  Persons  before whom
depositions may be taken. Depositions may be taken  before  any  of  the
following  persons except an attorney, or employee of an attorney, for a
party or prospective party and except a person who would be disqualified
to act as a juror because of interest in the event or  consanguinity  or
affinity to a party:
  1.  within  the state, a person authorized by the laws of the state to
administer oaths;
  2. without the  state  but  within  the  United  States  or  within  a
territory  or  possession  subject  to  the  jurisdiction  of the United
States, a person authorized to take acknowledgments of deeds outside  of
the  state  by the real property law of the state or to administer oaths
by the laws of the United States or of the place where the deposition is
taken; and
  3.  in  a  foreign  country,  any  diplomatic  or  consular  agent  or
representative  of  the  United  States, appointed or accredited to, and
residing within, the country, or a person  appointed  by  commission  or
under  letters rogatory, or an officer of the armed forces authorized to
take the acknowledgment of deeds.
  Officers may be designated in notices or commissions either by name or
descriptive  title  and  letters  rogatory  may  be  addressed  "To  the
Appropriate Authority in (here name the state or country)."

(b) Oath of witness; recording of testimony; objections; continuous examination; written questions read by examining officer. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction, record the testimony. The testimony shall be recorded by stenographic or other means, subject to such rules as may be adopted by the appellate division in the department where the action is pending. All objections made at the time of the examination to the qualifications of the officer taking the deposition or the person recording it, or to the manner of taking it, or to the testimony presented, or to the conduct of any person, and any other objection to the proceedings, shall be noted by the officer upon the deposition and the deposition shall proceed subject to the right of a person to apply for a protective order. The deposition shall be taken continuously and without unreasonable adjournment, unless the court otherwise orders or the witness and parties present otherwise agree. In lieu of participating in an oral examination, any party served with notice of taking a deposition may transmit written questions to the officer, who shall propound them to the witness and record the answers.

(c) Examination and cross-examination. Examination and cross-examination of deponents shall proceed as permitted in the trial of actions in open court, except that a non-party deponent's counsel may participate in the deposition and make objections on behalf of his or her client in the same manner as counsel for a party. When the deposition of a party is taken at the instance of an adverse party, the deponent may be cross-examined by his or her own attorney. Cross-examination need not be limited to the subject matter of the examination in chief.

(d) The parties may stipulate that a deposition be taken by telephone or other remote electronic means and that a party may participate electronically. The stipulation shall designate reasonable provisions to ensure that an accurate record of the deposition is generated, shall specify, if appropriate, reasonable provisions for the use of exhibits at the deposition; shall specify who must and who may physically be present at the deposition; and shall provide for any other provisions appropriate under the circumstances. Unless otherwise stipulated to by the parties, the officer administering the oath shall be physically present at the place of the deposition and the additional costs of conducting the deposition by telephonic or other remote electronic means, such as telephone charges, shall be borne by the party requesting that the deposition be conducted by such means.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.