§ 3102 — Method of obtaining disclosure

New York § 3102

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

Text

§ 3102. Method of obtaining disclosure. (a) Disclosure devices.\nInformation is obtainable by one or more of the following disclosure\ndevices: depositions upon oral questions or without the state upon\nwritten questions, interrogatories, demands for addresses, discovery and\ninspection of documents or property, physical and mental examinations of\npersons, and requests for admission.\n (b) Stipulation or notice normal method. Unless otherwise provided by\nthe civil practice law and rules or by the court, disclosure shall be\nobtained by stipulation or on notice without leave of the court.\n (c) Before action commenced. Before an action is commenced, disclosure\nto aid in bringing an action, to preserve information or to aid in\narbitration, may be obtained, but only by court order. The court may\nappoint a referee to take testimony.\n (d) After trial commenced. Except as provided in section 5223, during\nand after trial, disclosure may be obtained only by order of the trial\ncourt on notice.\n (e) Action pending in another jurisdiction. Except as provided in\nsection three thousand one hundred nineteen of this article, when under\nany mandate, writ or commission issued out of any court of record in any\nother state, territory, district or foreign jurisdiction, or whenever\nupon notice or agreement, it is required to take the testimony of a\nwitness in the state, such witness may be compelled to appear and\ntestify in the same manner and by the same process as may be employed\nfor the purpose of taking testimony in actions pending in the state. The\nsupreme court or a county court shall make any appropriate order in aid\nof taking such a deposition; provided that no order shall be issued\nunder this section in connection with an out-of-state proceeding\nrelating to any legally protected health activity, as defined in section\n570.17 of the criminal procedure law, unless:\n (1) such out-of-state proceeding (i) sounds in tort or contract, (ii)\nis actionable, in an equivalent or similar manner, under the laws of\nthis state, and (iii) was brought by the person who received\nreproductive health care or gender-affirming care, as such terms are\ndefined in section 570.17 of the criminal procedure law, or the person's\nlegal representative in a manner consistent with subdivision (g) of\nsection three thousand one hundred nineteen of this article; and\n (2) the petition for such an order is accompanied by an affirmation\ncompliant with subdivision (f) of this section.\n (f) (1) Any petition for such an order brought under subdivision (e)\nof this section shall include an affirmation under penalty of perjury\nthat the discovery either:\n (i) is not related to, and that any information obtained shall not be\nused in, any investigation or proceeding that seeks to impose civil or\ncriminal liability, professional sanctions, or any other legal\nconsequences upon a person for any legally protected health activity; or\n (ii) is related to such an investigation or proceeding, but falls\nwithin an exception provided in paragraph one of subdivision (g) of\nsection three thousand one hundred nineteen of this article. Such\naffirmation shall identify which exception applies to the request.\n (2) A party that submits a false affirmation pursuant to this section\nshall be subject to the jurisdiction of the courts of this state for any\nsuit, penalties, or damages arising out of the false affirmation. A\ncourt shall assess a statutory penalty of fifteen thousand dollars per\nviolation if the court finds the false affirmation was made\nintentionally, knowingly, willingly or recklessly. This shall be in\naddition to any other legal or equitable remedy lawfully available. The\nattorney general may commence an action or special proceeding for\ndamages and/or penalties against any party that submits a false\naffirmation pursuant to this section. Any action or special proceeding\nbrought by the attorney general pursuant to this section shall be\ncommenced within six years of the date on which the inquiry,\ninvestigation, subpoena, or summons that such false affirmation\naccompanied was filed with the supreme court or county court.\n (g) Action to which state is party. In an action in which the state is\nproperly a party, whether as plaintiff, defendant or otherwise,\ndisclosure by the state shall be available as if the state were a\nprivate person.\n