N.Y. CPLR § 3104

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3104 Supervision of disclosure § 3104. Supervision of disclosure. (a) Motion for, and extent of,supervision of disclosure. Upon the motion of any party or witness onnotice to all parties or on its own initiative without notice, the courtin which an action is pending may by one of its judges or a refereesupervise all or part of any disclosure procedure.(b) Selection of referee. A judicial hearing officer may be designatedas a referee under this section, or the court may permit all of theparties in an action to stipulate that a named attorney may act asreferee. In such latter event, the stipulation shall provide for paymentof his fees which shall, unless otherwise agreed, be taxed asdisbursements.(c) Powers of referee; motions referred to person supervisingdisclosure. A referee under this section shall have all the powers ofthe court under this article except the power to relieve himself of hisduties, to appoint a successor, or to adjudge any person guilty ofcontempt. All motions or applications made under this article shall bereturnable before the judge or referee, designated under this sectionand after disposition, if requested by any party, his order shall befiled in the office of the clerk.(d) Review of order of referee. Any party or witness may apply forreview of an order made under this section by a referee. The applicationshall be by motion made in the court in which the action is pendingwithin five days after the order is made. Service of a notice of motionfor review shall suspend disclosure of the particular matter in dispute.If the question raised by the motion may affect the rights of a witness,notice shall be served on him personally or by mail at his last knownaddress. It shall set forth succinctly the order complained of, thereason it is objectio y affect the rights of a witness,notice shall be served on him personally or by mail at his last knownaddress. It shall set forth succinctly the order complained of, thereason it is objectionable and the relief demanded.(e) Payment of expenses of referee. Except where a judicial hearingofficer has been designated a referee hereunder, the court may make anappropriate order for the payment of the reasonable expenses of thereferee.