CPLR 31 Number Blast Flashcards
3101 Scope of disclosure
(a) Generally, there shall be full disclosure of ____________ in the prosecution or defense of an action, regardless of the burden of proof by:
- party, or officer, director, member, agent, or employee of party,
- person who possessed a cause of action or defense asserted in the action,
- person living more than ________miles from place of trial, or about to depart NYS, or lives outside NYS, or medical doctor, dentist, or podiatrist who provided care or diagnosis to party demanding disclosure, or who has been retained by such party as an expert witness, and
- any other person, upon notice.
all matter material ….. 100
3101 Scope of disclosure
(d) Trial preparation
- Experts: In a medical, dental, and podiatric malpractice action an offer to disclose name of and to make available for examination upon oral deposition an expert witness is deemed rejected if a reply is not served within _________ of service of the offer.
- Materials: Some materials prepared in anticipation of litigation may be obtained by court order.
20 days
3104 Supervision of disclosure
(d) Party or witness may move for court review of referee’s order within ___________ after referee’s order is made.
5 days
3106-3107 Priority of depositions; witnesses; prisoners; designation of deponent/ Notice of taking oral questions
Generally, when a person other than a party is subpoenaed for an examination before trial, he must be served with a subpoena at least ____________ before the examination.
20 days
3106-3107 Priority of depositions; witnesses; prisoners; designation of deponent/ Notice of taking oral questions
(BARD)
- A person or company must produce their employee, director, or officer unless they notify the requesting party at least ________ in advance that they will produce someone else instead.
- The person or company may also request to examine another party at the same time if they give at least ______ notice.
10 days .. 10 days’
3109 Notice of taking deposition on written questions
(a)
- If a party is served with written questions, within __________ days, they may serve cross-questions on the original party that served them.
- The original party may then serve back written redirect questions within ________ days.
- Within ________ of service of such redirect questions, the party may serve written re-cross questions on the original party.
(b) Copy of notice and written questions shall be delivered by party taking deposition to officer designated in notice.
Officer shall take testimony of witness in response to written questions and to prepare deposition.
15 days ……….7 days……… 5 days
3112 Error in Notice for Taking depositions
Deposition is waived unless written objections are served at least ________ before the deposition.
3 days
3116 Signing of deposition, physical preparation, copies
(a) Signing The deposition shall be signed by the witness before any officer authorized to administer an oath.
If witness fails to sign the deposition within _________ , it may be used as fully as though signed.
No changes to the transcript may be made by the witness more than ____________ after submission to the witness for examination.
The officer before whom the deposition was taken shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony.
60 days………. 60 days
3117 Use of depositions
- Court may allow deposition to be used by or against any party present at deposition or who was represented or who had notice, provided that court finds that:
(i) witness is dead, or
(ii) witness is further than ________ miles, or outside NYS, or
(iii) witness cannot testify because of age, sickness, infirmity, or imprisonment, or
(iv) party offering deposition is unable to procure attendance of witness after diligent efforts, or
(v) use of deposition is in the interests of justice.
(b) If one party reads in court part of a deposition, other party may read other sections which ought in fairness to be considered in connection with the part that was read.
(c) Substitution of parties does not affect the right to use depositions previously taken.
(d) Technical rules regarding use of deposition.
100
3118 Demand for address of party or of person who possessed an assigned cause of action or defense
Any party may serve on any party a written demand for the address of the party or person who possessed an assigned cause of action or defense.
Demand shall be complied with within _______ of its service.
10 days
3120 Discovery and production of documents and things for inspection, testing, copying or photographing
After commencement of an action, any party may serve on any other party a notice or on any other party a subpoena duces tecum to inspect records or property.
The subpoena shall specify a place and time for production which shall be not less than___________ after service of the subpoena.
The party issuing the subpoena shall serve upon all other parties a copy of the subpoena.
Within _________ of compliance with the subpoena, the party shall notify other parties that the items are available for inspection and copying, specifying the time and date.
20 days…….5 days
3121 Physical or mental examination
Generally, in a case involving physical or mental controversy, any party may serve a notice to submit to a physical or mental examination by a designated physician.
It shall specify the time and place which shall be not less than __________ after service of the notice.
20 days
3122 Objection to disclosure, inspection or examination; compliance
Objections to disclosure or examination must be served within __________ of service of the subpoena.
Unless the subpoena directs the production of original records, accurate copies may be presented.
Reasonable production expenses of a nonparty witness shall be defrayed by the party seeking discovery.
A subpoena duces tecum served on a medical provider must have attached a written authorization by _____________
20 days……. the patient.
3122-a Certification of business records
(c) Party intending to offer at trial certified business records (above) shall give notice of such intent at least ____________ before trial.
Other party may object at least _______ before trial.
In spite of objection, party may subpoena custodian to appear and testify and require production of original business records at trial or hearing.
Certification of business records of a nonparty may be deemed certified if custodian or other qualified witness attests to the facts required in 3122-a (a) 1-4
30 days …….. 10 days
3133 Service of answers or objections to interrogatories
Answers to interrogatories must be served within __________ of service of interrogatories.
20 days
