§ 3120 — Discovery and production of documents and things for inspection, testing, copying or photographing

New York § 3120

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

Text

Rule 3120. Discovery and production of documents and things for\ninspection, testing, copying or photographing.\n 1. After commencement of an action, any party may serve on any other\nparty a notice or on any other person a subpoena duces tecum:\n (i) to produce and permit the party seeking discovery, or someone\nacting on his or her behalf, to inspect, copy, test or photograph any\ndesignated documents or any things which are in the possession, custody\nor control of the party or person served; or\n (ii) to permit entry upon designated land or other property in the\npossession, custody or control of the party or person served for the\npurpose of inspecting, measuring, surveying, sampling, testing,\nphotographing or recording by motion pictures or otherwise the property\nor any specifically designated object or operation thereon.\n 2. The notice or subpoena duces tecum shall specify the time, which\nshall be not less than twenty days after service of the notice or\nsubpoena, and the place and manner of making the inspection, copy, test\nor photograph, or of the entry upon the land or other property and, in\nthe case of an inspection, copying, testing or photographing, shall set\nforth the items to be inspected, copied, tested or photographed by\nindividual item or by category, and shall describe each item and\ncategory with reasonable particularity.\n 3. The party issuing a subpoena duces tecum as provided hereinabove\nshall at the same time serve a copy of the subpoena upon all other\nparties and, within five days of compliance therewith, in whole or in\npart, give to each party notice that the items produced in response\nthereto are available for inspection and copying, specifying the time\nand place thereof.\n 4. Nothing contained in this section shall be construed to change the\nrequirement of section 2307 that a subpoena duces tecum to be served\nupon a library or a department or bureau of a municipal corporation, or\nof the state, or an officer thereof, requires a motion made on notice to\nthe library, department, bureau or officer, and the adverse party, to a\njustice of the supreme court or a judge of the court in which the action\nis triable.\n