§ 3119 — Uniform interstate depositions and discovery

New York § 3119

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

Text

§ 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 (5) "Legally protected health activity" shall have the same meaning as\ndefined by section 570.17 of the criminal procedure law.\n (6) "Gender-affirming care" shall have the same meaning as defined by\nsection 570.17 of the criminal procedure law.\n (7) "Reproductive health care" shall have the same meaning as defined\nby section 570.17 of the criminal procedure law.\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 except as\nprovided in subparagraph (iii) of paragraph two of this subdivision.\n (2) (i) Any request for the issuance of a subpoena under paragraph one\nof this subdivision and any subpoena issued under paragraph five of this\nsubdivision shall include an affirmation under penalty of perjury that\nsuch subpoena either:\n (A) is not related to any investigation or proceeding that seeks to\nimpose civil or criminal liability, professional sanctions, or any other\nlegal consequences upon a person for any legally protected health\nactivity; or\n (B) is related to such an investigation or proceeding, but falls\nwithin an exception provided in subparagraph (i) of paragraph one of\nsubdivision (g) of this section. Such affirmation shall identify which\nexception applies to the request.\n (ii) The chief administrator of the courts shall promulgate a\nstandardized form for any affirmation submitted pursuant to this\nparagraph.\n (iii) A party that submits a false affirmation pursuant to this\nsection shall be subject to the jurisdiction of the courts of this state\nfor any suit, penalties, or damages arising out of such false\naffirmation. A court shall assess a statutory penalty of fifteen\nthousand dollars per violation if the court finds such false affirmation\nwas made intentionally, knowingly, willingly or recklessly. This shall\nbe in addition to any other legal or equitable remedy lawfully\navailable. The attorney general may commence an action or special\nproceeding for damages and/or penalties against any party that submits a\nfalse affirmation pursuant to this subparagraph.\n (iv) Any action or special proceeding brought by the attorney general\npursuant to this paragraph shall be commenced within six years of either\n(A) the date on which the inquiry, investigation, subpoena, or summons\nthat such false affirmation accompanied was filed with the county clerk,\nfor subpoenas requested pursuant to paragraph one of this subdivision;\nor (B) the date on which the subpoena was issued, for subpoenas issued\npursuant to paragraph five of this subdivision.\n (3) Except as provided by subdivision (g) of this section, when a\nparty submits an out-of-state subpoena to the county clerk, the clerk,\nin accordance with that court's procedure and subject to the provisions\nof article twenty-three of this chapter, shall promptly issue a subpoena\nfor service upon the person to which the out-of-state subpoena is\ndirected.\n (4) A subpoena under paragraph three of this subdivision must:\n (i) incorporate the terms used in the out-of-state subpoena;\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; and\n (iii) include the affirmation required by paragraph two of this\nsubdivision.\n (5) Notwithstanding paragraph one of this subdivision, and except as\nprovided by subdivision (g) of this section, if a party to an\nout-of-state proceeding retains an attorney licensed to practice in this\nstate, 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. Except as provided in\nsubdivision (g) of this section, in applying and constructing this\nuniform act, consideration shall be given to the need to promote\nuniformity of the law with respect to its subject matter among states\nthat enact it.\n (g) Out-of-state proceedings regarding legally protected health\nactivities. Notwithstanding any other provisions of this section or any\nother law, no court, county clerk, or attorney licensed to practice in\nthis state shall issue a subpoena under this section in connection with\nan out-of-state proceeding relating to any legally protected health\nactivity, 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, or the person's legal\nrepresentative, so long as the person gives express consent unless\nexpress consent is not feasible due to their injury or death; and\n (2) the subpoena is accompanied by an affirmation compliant with\nparagraph two of subdivision (b) of this section.\n