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) (1) Out-of-state proceedings regarding legally protected health\nactivities. Notwithstanding any other provisions of this section or any\nother law, no court or county clerk shall issue a subpoena under this\nsection in connection with an out-of-state proceeding relating to any\nlegally protected health activity which occurred in this state, unless\nsuch out-of-state proceeding (i) sounds in tort or contract, (ii) is\nactionable, in an equivalent or similar manner, under the laws of this\nstate, and (iii) was brought by the patient who received reproductive\nhealth services as defined in paragraph (a) of subdivision one of\nsection 570.17 of the criminal procedure law, or the patient's legal\nrepresentative, so long as the patient gives express consent unless\nexpress consent is not feasible due to patient injury or death.\n (2) For purposes of this subdivision, the terms "legally protected\nhealth activity" and "reproductive health services" shall have the same\nmeanings as defined in subdivision one of section 570.17 of the criminal\nprocedure law.\n (h) Subpoenas related to gender-affirming care. Notwithstanding any\nother provisions of law, no court or county clerk shall issue a subpoena\nunder this section in connection with an out-of-state proceeding\nrelating to any gender-affirming care, as defined in paragraph (c) of\nsubdivision one of section sixty-five hundred thirty-one-b of the\neducation law, which was legally performed, sought, received, or\nsupported in this state, unless such out-of-state proceeding (1) sounds\nin tort or contract, or is based on statute, (2) is actionable, in an\nequivalent or similar manner, under the laws of this state, and (3) was\nbrought by the patient who received the gender-affirming care, or the\npatient's legal representative.\n