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This entry was published on 2014-09-22
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SECTION 3106
Priority of depositions; witnesses; prisoners; designation of deponent
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
Rule 3106. Priority of depositions; witnesses; prisoners; designation
of deponent. (a) Normal priority. After an action is commenced, any
party may take the testimony of any person by deposition upon oral or
written questions. Leave of the court, granted on motion, shall be
obtained if notice of the taking of the deposition of a party is served
by the plaintiff before that party's time for serving a responsive
pleading has expired.

(b) Witnesses. Where the person to be examined is not a party or a
person who at the time of taking the deposition is an officer, director,
member or employee of a party, he shall be served with a subpoena.
Unless the court orders otherwise, on motion with or without notice,
such subpoena shall be served at least twenty days before the
examination. Where a motion for a protective order against such an
examination is made, the witness shall be notified by the moving party
that the examination is stayed.

(c) Prisoners. The deposition of a person confined under legal process
may be taken only by leave of the court.

(d) Designation of deponent. A party desiring to take the deposition
of a particular officer, director, member or employee of a person shall
include in the notice or subpoena served upon such person the identity,
description or title of such individual. Such person shall produce the
individual so designated unless they shall have, no later than ten days
prior to the scheduled deposition, notified the requesting party that
another individual would instead be produced and the identity,
description or title of such individual is specified. If timely
notification has been so given, such other individual shall instead be
produced.