S T A T E   O F   N E W   Y O R K
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                                  4256

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 20, 2009
                               ___________

Introduced  by  Sens.  SCHNEIDERMAN,  DIAZ, PARKER -- (at request of the
  Office of Court Administration) -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to disclo-
  sure in New York state in an action pending in another jurisdiction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "uniform interstate depositions and discovery act".
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 3119 to read as follows:
  S 3119. UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY. (A) DEFINITIONS.
FOR PURPOSES OF THIS SECTION:
  (1) "OUT-OF-STATE SUBPOENA" MEANS A SUBPOENA ISSUED UNDER AUTHORITY OF
A 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,  JOINT
VENTURE, 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 OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  (4) "SUBPOENA" MEANS A DOCUMENT,  HOWEVER  DENOMINATED,  ISSUED  UNDER
AUTHORITY 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  TANGIBLE
THINGS IN THE POSSESSION, CUSTODY OR CONTROL OF THE PERSON; OR
  (III) PERMIT INSPECTION OF PREMISES UNDER THE CONTROL OF THE PERSON.
  (B)  ISSUANCE OF SUBPOENA. (1) TO REQUEST ISSUANCE OF A SUBPOENA UNDER
THIS SECTION, A PARTY MUST SUBMIT AN OUT-OF-STATE SUBPOENA TO THE COUNTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10090-01-9
              

S. 4256                             2

CLERK IN THE COUNTY IN WHICH DISCOVERY IS SOUGHT TO BE CONDUCTED IN THIS
STATE. A REQUEST FOR THE ISSUANCE OF A SUBPOENA UNDER THIS SECTION  DOES
NOT CONSTITUTE AN APPEARANCE IN THE COURTS OF THIS STATE.
  (2) WHEN A PARTY SUBMITS AN OUT-OF-STATE SUBPOENA TO THE COUNTY CLERK,
THE  CLERK, IN ACCORDANCE WITH THAT COURT'S PROCEDURE AND SUBJECT TO THE
PROVISIONS OF ARTICLE TWENTY-THREE OF THIS CHAPTER, SHALL PROMPTLY ISSUE
A SUBPOENA FOR SERVICE UPON THE PERSON TO WHICH THE OUT-OF-STATE SUBPOE-
NA IS DIRECTED.
  (3) A SUBPOENA UNDER PARAGRAPH TWO OF THIS SUBDIVISION MUST:
  (I) INCORPORATE THE TERMS USED IN THE OUT-OF-STATE SUBPOENA; AND
  (II) CONTAIN OR BE ACCOMPANIED BY THE NAMES, ADDRESSES  AND  TELEPHONE
NUMBERS OF ALL COUNSEL OF RECORD IN THE PROCEEDING TO WHICH THE SUBPOENA
RELATES AND OF ANY PARTY NOT REPRESENTED BY COUNSEL.
  (4)  NOTWITHSTANDING  PARAGRAPH ONE OF THIS SUBDIVISION, IF A PARTY TO
AN OUT-OF-STATE PROCEEDING RETAINS AN ATTORNEY LICENSED TO  PRACTICE  IN
THIS STATE, AND THAT ATTORNEY RECEIVES THE ORIGINAL OR A TRUE COPY OF AN
OUT-OF-STATE  SUBPOENA,  THE  ATTORNEY  MAY  ISSUE A SUBPOENA UNDER THIS
SECTION.
  (C) SERVICE OF SUBPOENA. A SUBPOENA ISSUED UNDER THIS SECTION MUST  BE
SERVED  IN  COMPLIANCE  WITH SECTIONS TWO THOUSAND THREE HUNDRED TWO AND
TWO THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
  (D) DEPOSITION, PRODUCTION AND INSPECTION. SECTIONS TWO THOUSAND THREE
HUNDRED THREE, TWO THOUSAND  THREE  HUNDRED  FIVE,  TWO  THOUSAND  THREE
HUNDRED  SIX,  TWO  THOUSAND  THREE  HUNDRED  SEVEN,  TWO THOUSAND THREE
HUNDRED EIGHT AND THIS ARTICLE APPLY TO SUBPOENAS ISSUED UNDER  SUBDIVI-
SION (B) OF THIS SECTION.
  (E) APPLICATION TO COURT. AN APPLICATION TO THE COURT FOR A PROTECTIVE
ORDER  OR  TO  ENFORCE,  QUASH,  OR  MODIFY A SUBPOENA ISSUED UNDER THIS
SECTION MUST COMPLY WITH THE RULES OR STATUTES  OF  THIS  STATE  AND  BE
SUBMITTED  TO  THE  COURT  IN  THE  COUNTY  IN  WHICH DISCOVERY IS TO BE
CONDUCTED.
  (F) UNIFORMITY  OF  APPLICATION  AND  CONSTRUCTION.  IN  APPLYING  AND
CONSTRUCTING  THIS UNIFORM ACT, CONSIDERATION SHALL BE GIVEN TO THE NEED
TO PROMOTE UNIFORMITY OF THE LAW WITH  RESPECT  TO  ITS  SUBJECT  MATTER
AMONG STATES THAT ENACT IT.
  S  3.  Subdivision  (e)  of section 3102 of the civil practice law and
rules is amended to read as follows:
  (e) Action pending in another jurisdiction. [When] EXCEPT AS  PROVIDED
IN  SECTION  THREE  THOUSAND  ONE HUNDRED NINETEEN OF THIS ARTICLE, WHEN
under any mandate, writ or commission issued out of any court of  record
in  any  other  state,  territory,  district or foreign jurisdiction, or
whenever upon notice or agreement, it is required to take the  testimony
of  a  witness  in  the  state, he OR SHE may be compelled to appear and
testify in the same manner and by the same process as  may  be  employed
for the purpose of taking testimony in actions pending in the state. The
supreme  court or a county court shall make any appropriate order in aid
of taking such a deposition.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
requests for discovery in cases pending on or after such effective date.