N.Y. CPLR § 3102

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3102 Method of obtaining disclosure § 3102. Method of obtaining disclosure. (a) Disclosure devices.Information is obtainable by one or more of the following disclosuredevices: depositions upon oral questions or without the state uponwritten questions, interrogatories, demands for addresses, discovery andinspection of documents or property, physical and mental examinations ofpersons, and requests for admission.(b) Stipulation or notice normal method. Unless otherwise provided bythe civil practice law and rules or by the court, disclosure shall beobtained by stipulation or on notice without leave of the court.(c) Before action commenced. Before an action is commenced, disclosureto aid in bringing an action, to preserve information or to aid inarbitration, may be obtained, but only by court order. The court mayappoint a referee to take testimony.(d) After trial commenced. Except as provided in section 5223, duringand after trial, disclosure may be obtained only by order of the trialcourt on notice.(e) Action pending in another jurisdiction. Except as provided insection three thousand one hundred nineteen of this article, when underany mandate, writ or commission issued out of any court of record in anyother state, territory, district or foreign jurisdiction, or wheneverupon notice or agreement, it is required to take the testimony of awitness in the state, such witness may be compelled to appear andtestify in the same manner and by the same process as may be employedfor the purpose of taking testimony in actions pending in the state. Thesupreme court or a county court shall make any appropriate order in aidof taking such a deposition; provided that no order shall be issuedunder this section in connection with an out-of-state proceedingrelating to any legally pr make any appropriate order in aidof taking such a deposition; provided that no order shall be issuedunder this section in connection with an out-of-state proceedingrelating to any legally protected health activity, as defined in section570.17 of the criminal procedure law, unless:(1) such out-of-state proceeding (i) sounds in tort or contract, (ii)is actionable, in an equivalent or similar manner, under the laws ofthis state, and (iii) was brought by the person who receivedreproductive health care or gender-affirming care, as such terms aredefined in section 570.17 of the criminal procedure law, or the person'slegal representative in a manner consistent with subdivision (g) ofsection three thousand one hundred nineteen of this article; and(2) the petition for such an order is accompanied by an affirmationcompliant with subdivision (f) of this section.(f) (1) Any petition for such an order brought under subdivision (e)of this section shall include an affirmation under penalty of perjurythat the discovery either:(i) is not related to, and that any information obtained shall not beused in, any investigation or proceeding that seeks to impose civil orcriminal liability, professional sanctions, or any other legalconsequences upon a person for any legally protected health activity; or(ii) is related to such an investigation or proceeding, but fallswithin an exception provided in paragraph one of subdivision (g) ofsection three thousand one hundred nineteen of this article. Suchaffirmation shall identify which exception applies to the request.(2) A party that submits a false affirmation pursuant to this sectionshall be subject to the jurisdiction of the courts of this state for anysuit, penalties, or damages arising out of the false affirmation. Acourt shall assess a statutory penalty of fifteen thousand dollars perviolation if the court finds the false affirmation was it, penalties, or damages arising out of the false affirmation. Acourt shall assess a statutory penalty of fifteen thousand dollars perviolation if the court finds the false affirmation was madeintentionally, knowingly, willingly or recklessly. This shall be inaddition to any other legal or equitable remedy lawfully available. Theattorney general may commence an action or special proceeding fordamages and/or penalties against any party that submits a falseaffirmation pursuant to this section. Any action or special proceedingbrought by the attorney general pursuant to this section shall becommenced within --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only six years of the date on which the inquiry,investigation, subpoena, or summons that such false affirmationaccompanied was filed with the supreme court or county court.(g) Action to which state is party. In an action in which the state isproperly a party, whether as plaintiff, defendant or otherwise,disclosure by the state shall be available as if the state were aprivate person. CPLR § 3102 Page 2