Senate Bill S10374

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10374
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 remote
   depositions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision (d) of rule 3113 of the civil practice law and
 rules, as added by chapter 66 of the laws of 2004, is amended to read as
 follows:
   (d) [The parties may stipulate that  a]  A  deposition  MAY  be  taken
 REMOTELY  by  telephone  or  other [remote] electronic means [and that a
 party may participate electronically]. The  [stipulation]  NOTICE  UNDER
 RULE  3107 shall designate reasonable provisions to ensure that an accu-
 rate record of the deposition  is  generated,  AND  shall  specify[,  if
 appropriate,] reasonable provisions for the use of exhibits at the depo-
 sition[; shall specify who must and who may physically be present at the
 deposition; and shall provide for any other provisions appropriate under
 the circumstances].  [Unless otherwise stipulated to by the parties, the
 officer]  THE  PLACE OF A REMOTE DEPOSITION IS DEEMED TO BE THE LOCATION
 WHERE THE DEPONENT ANSWERS THE QUESTIONS.  THE PERSON administering  the
 oath  [shall]  NEED  NOT  be physically present WITH THE DEPONENT at the
 place of the deposition and [the]  MAY  ADMINISTER  THE  OATH  REMOTELY,
 PROVIDED  THAT  THE  PERSON  ADMINISTERING THE OATH CAN SEE AND HEAR THE
 PERSON TAKING THE OATH; AND, IF THE OATH IS TAKEN OUTSIDE OF THIS STATE,
 EITHER (1) THE PERSON ADMINISTERING THE OATH IS AUTHORIZED TO ADMINISTER
 OATHS IN THE PLACE WHERE THE DEPONENT ANSWERS THE QUESTIONS, OR (2)  THE
 DEPONENT  ACKNOWLEDGES  THAT THE DEPONENT UNDERSTANDS THAT THE TESTIMONY
 OR STATEMENT BEING MADE IS TRUE UNDER PENALTIES OF PERJURY OF  THE  LAWS
 OF THE STATE OF NEW YORK. ANY additional costs of conducting the deposi-
 tion  [by telephonic or other remote electronic means, such as telephone
 charges,] REMOTELY shall be borne by the party requesting that the depo-
 sition be conducted by such means.  UNLESS THE COURT  ORDERS  OTHERWISE,
 THE PARTIES AND THE DEPONENT MAY STIPULATE TO ANY ALTERNATIVE PROCEDURES
 FOR  DEPOSITIONS  TAKEN  REMOTELY,  INCLUDING ALTERNATIVE PROCEDURES FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15881-01-6
 S. 10374                            2
 
 ADMINISTERING THE OATH. ANY PARTY MAY, AT THEIR OWN EXPENSE, ATTEND  AND
 PARTICIPATE IN A REMOTE DEPOSITION IN PERSON AT THE SAME LOCATION AS THE
 DEPONENT. IN ANY DEPOSITION THAT IS NOT BEING TAKEN REMOTELY, ANY PARTY,
 OTHER  THAN  THE  DEPONENT,  MAY PARTICIPATE REMOTELY, PROVIDED THAT THE
 REMOTE PARTICIPANT BEARS ANY ADDITIONAL COST OR EXPENSE ASSOCIATED  WITH
 SUCH PARTICIPATION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 depositions occurring on or after such effective date.