Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.379 |
Sep 11, 2014 |
delivered to governor |
Jun 09, 2014 |
returned to senate passed assembly ordered to third reading cal.844 substituted for a9077 |
May 07, 2014 |
referred to judiciary delivered to assembly passed senate |
Mar 04, 2014 |
advanced to third reading |
Mar 03, 2014 |
2nd report cal. |
Feb 27, 2014 |
1st report cal.193 |
Jan 08, 2014 |
referred to judiciary |
May 08, 2013 |
referred to judiciary |
Senate Bill S5077
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S5077 (ACTIVE) - Details
2013-S5077 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5077 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to conduct of the examination before trial 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 3113(c) in relation to participation of a non-party's counsel in a deposition. In Thompson v. Mather, 70 AD3d 1436 (4th Dept. 2010), a medical malpractice action, arrangements had been made for videotaped depositions - for use at trial (22 NYCRR 202.15) - of plaintiff's treating physicians. During the course of those depositions, the attorney for a witness objected to the form and relevance of certain questions. The Appellate Division ultimately ruled that "counsel for a nonparty witness does not have a right to object during or otherwise to participate in a pretrial deposition." The Court principally relied upon the language of CPLR 3113(c), which provides that the examination of witnesses at a deposition "shall proceed as permitted in the trial of actions in open court." And, reasoned the Court, since a non-party's attorney has no right to interpose objections to questions asked of the witness at trial, no such right exists at deposition.
2013-S5077 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5077 2013-2014 Regular Sessions I N S E N A T E May 8, 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 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 OR HER 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. LBD09842-01-3
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