2022 New York Laws
CVP - Civil Practice Law and Rules
Article 31 - Disclosure
3102 - Method of Obtaining Disclosure.

§  3102.  Method  of  obtaining  disclosure.  (a)  Disclosure devices.
Information is obtainable by one or more  of  the  following  disclosure
devices:  depositions  upon  oral  questions  or  without the state upon
written questions, interrogatories, demands for addresses, discovery and
inspection of documents or property, physical and mental examinations of
persons, and requests for admission.
  (b) Stipulation or notice normal method. Unless otherwise provided  by
the  civil  practice  law and rules or by the court, disclosure shall be
obtained by stipulation or on notice without leave of the court.
  (c) Before action commenced. Before an action is commenced, disclosure
to aid in bringing an action, to  preserve  information  or  to  aid  in
arbitration,  may  be  obtained,  but only by court order. The court may
appoint a referee to take testimony.
  (d) After trial commenced. Except as provided in section 5223,  during
and  after  trial, disclosure may be obtained only by order of the trial
court on notice.
  (e) Action pending in another  jurisdiction.  Except  as  provided  in
section  three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign  jurisdiction,  or  whenever
upon  notice  or  agreement,  it  is required to take the testimony of a
witness in the state, he or she may be compelled to appear  and  testify
in  the  same  manner and by the same process as may be employed for the
purpose of taking testimony in actions pending in the state. The supreme
court or a county court shall make  any  appropriate  order  in  aid  of
taking  such  a  deposition;  provided that no order may be issued under
this section in connection with an out-of-state proceeding  relating  to
any  legally  protected  health activity, as defined in paragraph (b) of
subdivision one of section 570.17  of  the  criminal  procedure  law  or
gender-affirming   care  which  occurred  in  this  state,  unless  such
out-of-state  proceeding  (1)  sounds  in  tort  or  contract,  (2)   is
actionable,  in  an equivalent or similar manner, under the laws of this
state, and (3) was brought by  the  patient  who  received  reproductive
health  services  or  gender-affirming  care,  or  the  patient's  legal
representative.
  (f) Action to which state is party. In an action in which the state is
properly  a  party,  whether  as  plaintiff,  defendant  or   otherwise,
disclosure  by  the  state  shall  be  available  as if the state were a
private person.