§ 3122 — Objection to disclosure, inspection or examination; compliance

New York § 3122

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 31: Disclosure

Text

Rule 3122. Objection to disclosure, inspection or examination;\ncompliance. (a) 1. Within twenty days of service of a notice or subpoena\nduces tecum under rule 3120 or section 3121, the party or person to whom\nthe notice or subpoena duces tecum is directed, if that party or person\nobjects to the disclosure, inspection or examination, shall serve a\nresponse which shall state with reasonable particularity the reasons for\neach objection. If objection is made to part of an item or category, the\npart shall be specified. The party seeking disclosure under rule 3120 or\nsection 3121 may move for an order under rule 3124 or section 2308 with\nrespect to any objection to, or other failure to respond to or permit\ninspection as requested by, the notice or subpoena duces tecum,\nrespectively, or any part thereof.\n 2. A medical provider served with a subpoena duces tecum, other than a\ntrial subpoena issued by a court, requesting the production of a\npatient's medical records pursuant to this rule need not respond or\nobject to the subpoena if the subpoena is not accompanied by a written\nauthorization by the patient. Any subpoena served upon a medical\nprovider requesting the medical records of a patient shall state in\nconspicuous bold-faced type that the records shall not be provided\nunless the subpoena is accompanied by a written authorization by the\npatient, or the court has issued the subpoena or otherwise directed the\nproduction of the documents.\n (b) Whenever a person is required pursuant to such a notice, subpoena\nduces tecum or order to produce documents for inspection, and where such\nperson withholds one or more documents that appear to be within the\ncategory of the documents required by the notice, subpoena duces tecum\nor order to be produced, such person shall give notice to the party\nseeking the production and inspection of the documents that one or more\nsuch documents are being withheld. This notice shall indicate the legal\nground for withholding each such document, and shall provide the\nfollowing information as to each such document, unless the party\nwithholding the document states that divulgence of such information\nwould cause disclosure of the allegedly privileged information: (1) the\ntype of document; (2) the general subject matter of the document; (3)\nthe date of the document; and (4) such other information as is\nsufficient to identify the document for a subpoena duces tecum.\n (c) Whenever a person is required pursuant to such notice or order to\nproduce documents for inspection, that person shall produce them as they\nare kept in the regular course of business or shall organize and label\nthem to correspond to the categories in the request.\n (d) Unless the subpoena duces tecum directs the production of original\ndocuments for inspection and copying at the place where such items are\nusually maintained, it shall be sufficient for the custodian or other\nqualified person to deliver complete and accurate copies of the items to\nbe produced. The reasonable production expenses of a non-party witness\nshall be defrayed by the party seeking discovery.\n