(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.
Structure New York Laws
CVP - Civil Practice Law and Rules
3102 - Method of Obtaining Disclosure.
3104 - Supervision of Disclosure.
R3105 - Notice to Party in Default.
R3106 - Priority of Depositions; Witnesses; Prisoners; Designation of Deponent.
R3107 - Notice of Taking Oral Questions.
R3108 - Written Questions; When Permitted.
R3109 - Notice of Taking Deposition on Written Questions.
R3110 - Where the Deposition Is to Be Taken Within the State.
R3111 - Production of Things at the Examination.
R3112 - Errors in Notice for Taking Depositions.
R3113 - Conduct of the Examination.
R3114 - Examination of Witness Who Does Not Understand the English Language.
R3115 - Objections to Qualification of Person Taking Deposition; Competency; Questions and Answers.
R3116 - Signing Deposition; Physical Preparation; Copies.
3119 - Uniform Interstate Depositions and Discovery.
3121 - Physical or Mental Examination.
R3122 - Objection to Disclosure, Inspection or Examination; Compliance.
R3122-A - Certification of Business Records.
3122-B - Certification of Insurance Disclosure.
3123 - Admissions as to Matters of Fact, Papers, Documents and Photographs.
R3124 - Failure to Disclose; Motion to Compel Disclosure.
R3125 - Place Where Motion to Compel Disclosure Made.
3126 - Penalties for Refusal to Comply With Order or to Disclose.
3130 - Use of Interrogatories.
3131 - Scope of Interrogatories.
R3132 - Service of Interrogatories.
R3133 - Service of Answers or Objections to Interrogatories.