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This entry was published on 2023-06-30
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Method of obtaining disclosure
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
§ 3102. Method of obtaining disclosure. (a) Disclosure devices.
Information is obtainable by one or more of the following disclosure
devices: depositions upon oral questions or without the state upon
written questions, interrogatories, demands for addresses, discovery and
inspection of documents or property, physical and mental examinations of
persons, and requests for admission.

(b) Stipulation or notice normal method. Unless otherwise provided by
the civil practice law and rules or by the court, disclosure shall be
obtained by stipulation or on notice without leave of the court.

(c) Before action commenced. Before an action is commenced, disclosure
to aid in bringing an action, to preserve information or to aid in
arbitration, may be obtained, but only by court order. The court may
appoint a referee to take testimony.

(d) After trial commenced. Except as provided in section 5223, during
and after trial, disclosure may be obtained only by order of the trial
court on notice.

(e) Action pending in another jurisdiction. Except as provided in
section three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign jurisdiction, or whenever
upon notice or agreement, it is required to take the testimony of a
witness in the state, he or she may be compelled to appear and testify
in the same manner and by the same process as may be employed for the
purpose of taking testimony in actions pending in the state. The supreme
court or a county court shall make any appropriate order in aid of
taking such a deposition; provided that no order may be issued under
this section in connection with an out-of-state proceeding relating to
any legally protected health activity, as defined in paragraph (b) of
subdivision one of section 570.17 of the criminal procedure law or
gender-affirming care which occurred in this state, unless such
out-of-state proceeding (1) sounds in tort or contract, (2) is
actionable, in an equivalent or similar manner, under the laws of this
state, and (3) was brought by the patient who received reproductive
health services or gender-affirming care, or the patient's legal

(f) Action to which state is party. In an action in which the state is
properly a party, whether as plaintiff, defendant or otherwise,
disclosure by the state shall be available as if the state were a
private person.