N.Y. C.P.L.R. 3119

§ 3119. Uniform interstate depositions and discovery. (a) Definitions.\nFor purposes of this section:\n (1) "Out-of-state subpoena" means a subpoena issued under authority of\na court of record of a state other than this state.\n (2) "Person" means an individual, corporation, business trust, estate,\ntrust, partnership, limited liability company, association, joint\nventure, public corporation, government, or governmental subdivision,\nagency or instrumentality, or any other legal or commercial entity.\n (3) "State" means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any\nterritory or insular possession subject to the jurisdiction of the\nUnited States.\n (4) "Subpoena" means a document, however denominated, issued under\nauthority of a court of record requiring a person to:\n (i) attend and give testimony at a deposition;\n (ii) produce and permit inspection and copying of designated books,\ndocuments, records, electronically stored information, or tangible\nthings in the possession, custody or control of the person; or\n (iii) permit inspection of premises under the control of the person.\n (b) Issuance of subpoena. (1) To request issuance of a subpoena under\nthis section, a party must submit an out-of-state subpoena to the county\nclerk in the county in which discovery is sought to be conducted in this\nstate. A request for the issuance of a subpoena under this section does\nnot constitute an appearance in the courts of this state.\n (2) When a party submits an out-of-state subpoena to the county clerk,\nthe clerk, in accordance with that court's procedure and subject to the\nprovisions of article twenty-three of this chapter, shall promptly issue\na subpoena for service upon the person to which the out-of-state\nsubpoena is directed.\n (3) A subpoena under paragraph two of this subdivision must:\n (i) incorporate the terms used in the out-of-state subpoena; and\n (ii) contain or be accompanied by the names, addresses and telephone\nnumbers of all counsel of record in the proceeding to which the subpoena\nrelates and of any party not represented by counsel.\n (4) Notwithstanding paragraph one of this subdivision, if a party to\nan out-of-state proceeding retains an attorney licensed to practice in\nthis state, and that attorney receives the original or a true copy of an\nout-of-state subpoena, the attorney may issue a subpoena under this\nsection.\n (c) Service of subpoena. A subpoena issued under this section must be\nserved in compliance with sections two thousand three hundred two and\ntwo thousand three hundred three of this chapter.\n (d) Deposition, production and inspection. Sections two thousand three\nhundred three, two thousand three hundred five, two thousand three\nhundred six, two thousand three hundred seven, two thousand three\nhundred eight and this article apply to subpoenas issued under\nsubdivision (b) of this section.\n (e) Application to court. An application to the court for a protective\norder or to enforce, quash, or modify a subpoena issued under this\nsection must comply with the rules or statutes of this state and be\nsubmitted to the court in the county in which discovery is to be\nconducted.\n (f) Uniformity of application and construction. In applying and\nconstructing this uniform act, consideration shall be given to the need\nto promote uniformity of the law with respect to its subject matter\namong states that enact it.\n (g) Out-of-state abortion proceedings. Notwithstanding any other\nprovisions of this section or any other law, no court or county clerk\nshall issue a subpoena under this section in connection with an\nout-of-state proceeding relating to any abortion services or procedures\nwhich were legally performed in this state, unless such out-of-state\nproceeding (1) sounds in tort or contract, or is based on statute, (2)\nis actionable, in an equivalent or similar manner, under the laws of\nthis state, and (3) was brought by the patient who received reproductive\nhealthcare, or the patient's legal representative.\n