CPLR 31 VOLUME 3 Flashcards
3117 Use of depositions
- Deposition may be used to ___________ witness, parties, and where witness is unavailable.
impeach
3117 Use of depositions
- Deposition may be used by party ____________ by testimony.
adversely affected
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
3119 Uniform interstate depositions and discovery
(1) To request issuance of a subpoena under this section, the party must submit an out-of-state subpoena to the __________ in the county where discovery is sought to be conducted in NYS.
Request for the issuance of a subpoena under this section (DOES/DOES NOT) constitute an appearance in courts of NYS.
county clerk … DOES NOT
3119 Uniform interstate depositions and discovery
(2) When a party submits an out-of-state subpoena to the county clerk, the clerk, in accordance with that court’s procedure and subject to the provisions of article twenty-three of this chapter, shall promptly issue a subpoena for service upon the person to which the out-of-state subpoena is directed
Also, if a party to an out-of-state proceeding retains an attorney licensed to practice in this state, and that attorney receives the original or a true copy of an out-of-state subpoena, the attorney may issue a subpoena under this section.
XX
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
(a) Business records produced pursuant to a subpoena duces tecum shall be accompanied by a certification by a person knowledgeable of the records, stating in substance to the best of his knowledge, each of following:
- affiant is custodian, or other qualified witness and has authority to make certification, and
- documents or copies are accurate versions of documents described in the subpoena, and
- documents represent a complete set of documents described in subpoena, and if not, what are missing and an explanation, and
- records were made in the regular course of business.
(b) Certification made in (a) above shall be presumed true.
XX
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
3122-b. Certification of insurance disclosure.
Information provided pursuant to subdivision (f) of section thirty-one hundred one of this article shall be accompanied by a certification by the defendant, third-party defendant, or defendant on a cross-claim or counter-claim and a certification by any attorney appearing for the defendant, third-party defendant, or defendant on a cross-claim or counter-claim, sworn in the form of an affidavit or affirmation where appropriate, stating that the information is accurate and complete, and that reasonable efforts have been undertaken, and in accordance with paragraph two of subdivision (f) of section thirty-one hundred one of this article will be undertaken, to ensure that this information remains accurate and complete.
XX
3123 Admissions as to matters of fact, papers, documents and photographs
A party may serve upon any other party a notice to admit genuineness of papers, documents, or correctness or fairness of photographs or truth of any matter set forth in request.
Admission made for the purpose of pending action and (MAY/MAY NOT) be used against him in any other proceeding.
The party damaged by an unreasonable denial may move after trial for an order for the other party to pay the expenses incurred in making proof of the validity of the documents or statements.
MAY NOT
3124 Failure to disclose; motion to compel disclosure
Any party may move to compel compliance with a discovery request, notice, demand, question, or order.
XX
3125 Failure to disclose; motion to compel disclosure
The place where the motion to compel disclosure is made is the _________ in which action is pending.
county
