senate Bill S6656A

2011-2012 Legislative Session

Authorizes a non-party deponent's counsel to participate and make objections on behalf of his or her client in an examination before trial in the same manner as counsel for a party

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1047
Apr 19, 2012 print number 6656a
amend and recommit to judiciary
Mar 08, 2012 referred to judiciary

Votes

view votes

Jun 5, 2012 - Judiciary committee Vote

S6656A
18
0
committee
18
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

S6656 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3113, CPLR

S6656 - Summary

Authorizes a non-party deponent's counsel to participate and make objections on behalf of his or her client in an examination before trial in the same manner as counsel for a party.

S6656 - Sponsor Memo

S6656 - Bill Text download pdf

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

                                  6656

                            I N  S E N A T E

                              March 8, 2012
                               ___________

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 conduct
  of the examination before trial

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

  Section 1. Subdivision (c) of rule 3113 of the civil practice law  and
rules is amended to read as follows:
  (c)  Examination and cross-examination. Examination and cross-examina-
tion of deponents shall proceed as permitted in the trial of actions  in
open  court,  EXCEPT THAT A NON-PARTY DEPONENT'S COUNSEL MAY PARTICIPATE
IN THE DEPOSITION AND MAKE OBJECTIONS IN THE SAME MANNER AS COUNSEL  FOR
A  PARTY.  When the deposition of a party is taken at the instance of an
adverse party, the deponent may be cross-examined by his  own  attorney.
Cross-examination need not be limited to the subject matter of the exam-
ination in chief.
  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.
                                                           LBD14027-01-2

S6656A (ACTIVE) - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3113, CPLR

S6656A (ACTIVE) - Summary

Authorizes a non-party deponent's counsel to participate and make objections on behalf of his or her client in an examination before trial in the same manner as counsel for a party.

S6656A (ACTIVE) - Sponsor Memo

S6656A (ACTIVE) - Bill Text download pdf

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

                                 6656--A

                            I N  S E N A T E

                              March 8, 2012
                               ___________

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 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the civil practice law and rules, in relation to conduct
  of the examination before trial

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

  Section 1. Subdivision (c) of rule 3113 of the civil practice law  and
rules is amended to read as follows:
  (c)  Examination and cross-examination. Examination and cross-examina-
tion of deponents shall proceed as permitted in the trial of actions  in
open  court,  EXCEPT THAT A NON-PARTY DEPONENT'S COUNSEL MAY PARTICIPATE
IN THE DEPOSITION AND MAKE OBJECTIONS ON BEHALF OF HIS OR HER CLIENT  IN
THE  SAME MANNER AS COUNSEL FOR A PARTY.  When the deposition of a party
is taken at the instance of an adverse party, the deponent may be cross-
examined by his own attorney.  Cross-examination need not be limited  to
the subject matter of the examination in chief.
  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.
                                                           LBD14027-03-2

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