Senate Bill S5077

Signed By Governor
2013-2014 Legislative Session

Relates to conduct of the examination before trial

download bill text pdf

Sponsored By

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

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2013-S5077 (ACTIVE) - Details

See Assembly Version of this Bill:
A9077
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3113, CPLR

2013-S5077 (ACTIVE) - Summary

Relates to conduct of the examination before trial.

2013-S5077 (ACTIVE) - Sponsor Memo

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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