N.Y. CPLR § 3119

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3119 Uniform interstate depositions and discovery § 3119. Uniform interstate depositions and discovery. (a) Definitions.For purposes of this section:(1) "Out-of-state subpoena" means a subpoena issued under authority ofa court of record of a state other than this state.(2) "Person" means an individual, corporation, business trust, estate,trust, partnership, limited liability company, association, jointventure, public corporation, government, or governmental subdivision,agency or instrumentality, or any other legal or commercial entity.(3) "State" means a state of the United States, the District ofColumbia, Puerto Rico, the United States Virgin Islands, or anyterritory or insular possession subject to the jurisdiction of theUnited States.(4) "Subpoena" means a document, however denominated, issued underauthority of a court of record requiring a person to:(i) attend and give testimony at a deposition;(ii) produce and permit inspection and copying of designated books,documents, records, electronically stored information, or tangiblethings in the possession, custody or control of the person; or(iii) permit inspection of premises under the control of the person.(5) "Legally protected health activity" shall have the same meaning asdefined by section 570.17 of the criminal procedure law.(6) "Gender-affirming care" shall have the same meaning as defined bysection 570.17 of the criminal procedure law.(7) "Reproductive health care" shall have the same meaning as definedby section 570.17 of the criminal procedure law.(b) Issuance of subpoena. (1) To request issuance of a subpoena underthis section, a party must submit an out-of-state subpoena to the countyclerk in the county in which discovery is sought to be conducted in thisstate. A request for the issu ce of a subpoena underthis section, a party must submit an out-of-state subpoena to the countyclerk in the county in which discovery is sought to be conducted in thisstate. A request for the issuance of a subpoena under this section doesnot constitute an appearance in the courts of this state except asprovided in subparagraph (iii) of paragraph two of this subdivision.(2) (i) Any request for the issuance of a subpoena under paragraph oneof this subdivision and any subpoena issued under paragraph five of thissubdivision shall include an affirmation under penalty of perjury thatsuch subpoena either:(A) is not related to any investigation or proceeding that seeks toimpose civil or criminal liability, professional sanctions, or any otherlegal consequences upon a person for any legally protected healthactivity; or(B) is related to such an investigation or proceeding, but fallswithin an exception provided in subparagraph (i) of paragraph one ofsubdivision (g) of this section. Such affirmation shall identify whichexception applies to the request.(ii) The chief administrator of the courts shall promulgate astandardized form for any affirmation submitted pursuant to thisparagraph.(iii) A party that submits a false affirmation pursuant to thissection shall be subject to the jurisdiction of the courts of this statefor any suit, penalties, or damages arising out of such falseaffirmation. A court shall assess a statutory penalty of fifteenthousand dollars per violation if the court finds such false affirmationwas made intentionally, knowingly, willingly or recklessly. This shallbe in addition to any other legal or equitable remedy lawfullyavailable. The attorney general may commence an action or specialproceeding for damages and/or penalties against any party that submits afalse affirmation pursuant to this subparagraph.(iv) Any action or special proceeding brought by the attorney gene cialproceeding for damages and/or penalties against any party that submits afalse affirmation pursuant to this subparagraph.(iv) Any action or special proceeding brought by the attorney generalpursuant to this paragraph shall be commenced within six years of either(A) the date on which the inquiry, investigation, subpoena, or summonsthat such false affirmation accompanied was filed with the county clerk,for subpoenas requested pursuant to paragraph one of this subdivision;or (B) the date on which the subpoena was issued, for subpoenas issuedpursuant to paragraph five of this subdivision.(3) Except as provided by subdivision --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only (g) of this section, when aparty submits an out-of-state subpoena to the county clerk, the clerk,in accordance with that court's procedure and subject to the provisionsof article twenty-three of this chapter, shall promptly issue a subpoenafor service upon the person to which the out-of-state subpoena isdirected.(4) A subpoena under paragraph three of this subdivision must:(i) incorporate the terms used in the out-of-state subpoena;(ii) contain or be accompanied by the names, addresses and telephonenumbers of all counsel of record in the proceeding to which the subpoenarelates and of any party not represented by counsel; and(iii) include the affirmation required by paragraph two of thissubdivision.(5) Notwithstanding paragraph one of this subdivision, and except asprovided by subdivision (g) of this section, if a party to anout-of-state proceeding retains an attorney licensed to practice in thisstate, and that attorney receives the original or a true copy of anout-of-state subpoena, the attorney may issue a subpoena under thissection.(c) Service of subpoena. A subpoena issued under this section must beserved in compliance with sections two thousand th of-state subpoena, the attorney may issue a subpoena under thissection.(c) Service of subpoena. A subpoena issued under this section must beserved in compliance with sections two thousand three hundred two andtwo thousand three hundred three of this chapter.(d) Deposition, production and inspection. Sections two thousand threehundred three, two thousand three hundred five, two thousand threehundred six, two thousand three hundred seven, two thousand threehundred eight and this article apply to subpoenas issued undersubdivision (b) of this section.(e) Application to court. An application to the court for a protectiveorder or to enforce, quash, or modify a subpoena issued under thissection must comply with the rules or statutes of this state and besubmitted to the court in the county in which discovery is to beconducted.(f) Uniformity of application and construction. Except as provided insubdivision (g) of this section, in applying and constructing thisuniform act, consideration shall be given to the need to promoteuniformity of the law with respect to its subject matter among statesthat enact it.(g) Out-of-state proceedings regarding legally protected healthactivities. Notwithstanding any other provisions of this section or anyother law, no court, county clerk, or attorney licensed to practice inthis state shall issue a subpoena under this section in connection withan out-of-state proceeding relating to any legally protected healthactivity, 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, or the person's legalrepresentative, so long as the person gives express consent unlessexpress consent is not feasible due to their injury or death; and(2) the subpoena is accompanied by re, or the person's legalrepresentative, so long as the person gives express consent unlessexpress consent is not feasible due to their injury or death; and(2) the subpoena is accompanied by an affirmation compliant withparagraph two of subdivision (b) of this section. 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