§ 3104 — Supervision of disclosure

New York § 3104

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

Text

§ 3104. Supervision of disclosure. (a) Motion for, and extent of,\nsupervision of disclosure. Upon the motion of any party or witness on\nnotice to all parties or on its own initiative without notice, the court\nin which an action is pending may by one of its judges or a referee\nsupervise all or part of any disclosure procedure.\n (b) Selection of referee. A judicial hearing officer may be designated\nas a referee under this section, or the court may permit all of the\nparties in an action to stipulate that a named attorney may act as\nreferee. In such latter event, the stipulation shall provide for payment\nof his fees which shall, unless otherwise agreed, be taxed as\ndisbursements.\n (c) Powers of referee; motions referred to person supervising\ndisclosure. A referee under this section shall have all the powers of\nthe court under this article except the power to relieve himself of his\nduties, to appoint a successor, or to adjudge any person guilty of\ncontempt. All motions or applications made under this article shall be\nreturnable before the judge or referee, designated under this section\nand after disposition, if requested by any party, his order shall be\nfiled in the office of the clerk.\n (d) Review of order of referee. Any party or witness may apply for\nreview of an order made under this section by a referee. The application\nshall be by motion made in the court in which the action is pending\nwithin five days after the order is made. Service of a notice of motion\nfor review shall suspend disclosure of the particular matter in dispute.\nIf the question raised by the motion may affect the rights of a witness,\nnotice shall be served on him personally or by mail at his last known\naddress. It shall set forth succinctly the order complained of, the\nreason it is objectionable and the relief demanded.\n (e) Payment of expenses of referee. Except where a judicial hearing\nofficer has been designated a referee hereunder, the court may make an\nappropriate order for the payment of the reasonable expenses of the\nreferee.\n