senate Bill S4850

Prevents abuse during discovery

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1019
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • SUBSTITUTED BY A6554

Summary

Prevents abuse during discovery.

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Bill Details

See Assembly Version of this Bill:
A6554
Versions:
S4850
Legislative Cycle:
2013-2014
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3103, CPLR

Sponsor Memo

BILL NUMBER:S4850

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to prevention of abuse during discovery

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

This measure would amend CPLR § 3103(a) to expand the delineated
persons who may seek the remedy of a protective order in regard to the
use of discovery devices such as a subpoena for records.

Presently the statute contemplates protective orders made by the court
on its own motion or on motion of a party or a person from whom
discovery is sought. Not addressed is a person about whom records are
being subpoenaed from either a party or another nonparty. By way of
example, if an accountant is subpoenaed to produce the records of
clients who are not parties to the litigation, it is unclear under the
present statute whether the non-party clients would have standing to
object to the production of their records.

It would be an unwarranted anomaly for such non-parties to have less
of a right to protect their records than those persons already
delineated in the statute.

It should be noted that it is not the purpose of this amendment to
change existing case law as to whether or not a third party has a
protectable interest in certain records. See, Norkin v. Hoey, 181
A.D.2d 248, 252 (1st Dept., 1992) (bank records); People v.
DiRaffaele, 55 N.Y.2d 234 (1982) (telephone records). This measure
would solely provide a procedural mechanism by which a person, whose
information is contained in the records sought, may object to the
subpoena.

This measure would have no fiscal impact on the State. It would take
effect immediately and apply to all actions pending on such effective
date or commenced on or after such effective date.

Legislative History: None. New proposal.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4850

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
  prevention of abuse during discovery

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

  Section  1.  Subdivision (a) of section 3103 of the civil practice law
and rules, as amended by chapter 98 of the laws of 1993, is  amended  to
read as follows:
  (a)  Prevention  of abuse. The court may at any time on its own initi-
ative, or on motion of any party or of any person  from  whom  OR  ABOUT
WHOM  discovery  is  sought,  make a protective order denying, limiting,
conditioning or regulating the use of any disclosure device. Such  order
shall be designed to prevent unreasonable annoyance, expense, embarrass-
ment, disadvantage, or other prejudice to any person or the courts.
  S  2.  This  act  shall take effect immediately and shall apply to all
actions pending on such effective date or commenced  on  or  after  such
effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09758-01-3

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