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This entry was published on 2014-09-22
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Supervision of disclosure
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
§ 3104. Supervision of disclosure. (a) Motion for, and extent of,
supervision of disclosure. Upon the motion of any party or witness on
notice to all parties or on its own initiative without notice, the court
in which an action is pending may by one of its judges or a referee
supervise all or part of any disclosure procedure.

(b) Selection of referee. A judicial hearing officer may be designated
as a referee under this section, or the court may permit all of the
parties in an action to stipulate that a named attorney may act as
referee. In such latter event, the stipulation shall provide for payment
of his fees which shall, unless otherwise agreed, be taxed as

(c) Powers of referee; motions referred to person supervising
disclosure. A referee under this section shall have all the powers of
the court under this article except the power to relieve himself of his
duties, to appoint a successor, or to adjudge any person guilty of
contempt. All motions or applications made under this article shall be
returnable before the judge or referee, designated under this section
and after disposition, if requested by any party, his order shall be
filed in the office of the clerk.

(d) Review of order of referee. Any party or witness may apply for
review of an order made under this section by a referee. The application
shall be by motion made in the court in which the action is pending
within five days after the order is made. Service of a notice of motion
for review shall suspend disclosure of the particular matter in dispute.
If the question raised by the motion may affect the rights of a witness,
notice shall be served on him personally or by mail at his last known
address. It shall set forth succinctly the order complained of, the
reason it is objectionable and the relief demanded.

(e) Payment of expenses of referee. Except where a judicial hearing
officer has been designated a referee hereunder, the court may make an
appropriate order for the payment of the reasonable expenses of the