Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 31, 2013 |
signed chap.205 |
Jul 19, 2013 |
delivered to governor |
Jun 11, 2013 |
returned to assembly passed senate 3rd reading cal.1019 substituted for s4850 |
Jun 11, 2013 |
substituted by a6554 |
Jun 10, 2013 |
advanced to third reading |
Jun 05, 2013 |
2nd report cal. |
Jun 04, 2013 |
1st report cal.1019 |
Apr 26, 2013 |
referred to judiciary |
Senate Bill S4850
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A6554 - 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
co-Sponsors
(D, WF) 21st Senate District
2013-S4850 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6554
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3103, CPLR
2013-S4850 (ACTIVE) - 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.
2013-S4850 (ACTIVE) - Bill Text download pdf
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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