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Assembly Bill A9479

2011-2012 Legislative Session

Authorizes a non-party deponent's counsel to participate and make objections in an examination before trial in the same manner as counsel for a party

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Archive: Last Bill Status - In Assembly Committee

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2011-A9479 (ACTIVE) - Details

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

2011-A9479 (ACTIVE) - Summary

Authorizes a non-party deponent's counsel to participate and make objections in an examination before trial in the same manner as counsel for a party.

2011-A9479 (ACTIVE) - Bill Text download pdf 

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

                                  9479

                          I N  A S S E M B L Y

                              March 6, 2012
                               ___________

Introduced  by  M. of A. O'DONNELL, WEINSTEIN, LAVINE, WEPRIN, ZEBROWSKI
  -- (at request of the Office of Court Administration) -- read once and
  referred 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

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