(i) to produce and permit the party seeking discovery, or someone
acting on his or her behalf, to inspect, copy, test or photograph any
designated documents or any things which are in the possession, custody
or control of the party or person served; or
(ii) to permit entry upon designated land or other property in the
possession, custody or control of the party or person served for the
purpose of inspecting, measuring, surveying, sampling, testing,
photographing or recording by motion pictures or otherwise the property
or any specifically designated object or operation thereon.
2. The notice or subpoena duces tecum shall specify the time, which
shall be not less than twenty days after service of the notice or
subpoena, and the place and manner of making the inspection, copy, test
or photograph, or of the entry upon the land or other property and, in
the case of an inspection, copying, testing or photographing, shall set
forth the items to be inspected, copied, tested or photographed by
individual item or by category, and shall describe each item and
category with reasonable particularity.
3. The party issuing a subpoena duces tecum as provided hereinabove
shall at the same time serve a copy of the subpoena upon all other
parties and, within five days of compliance therewith, in whole or in
part, give to each party notice that the items produced in response
thereto are available for inspection and copying, specifying the time
and place thereof.
4. Nothing contained in this section shall be construed to change the
requirement of section 2307 that a subpoena duces tecum to be served
upon a library or a department or bureau of a municipal corporation, or
of the state, or an officer thereof, requires a motion made on notice to
the library, department, bureau or officer, and the adverse party, to a
justice of the supreme court or a judge of the court in which the action
is triable.
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.