Title CVP, Civil Practice Law & Rules

§ 3041. Bill of particulars in any case. Any party may require any\nother party to give a bill of particulars of such party's claim, or a\ncopy of the items of the account alleged in a pleading. As used\nelsewhere in this article, the term "bill of particulars" shall include\n"c…

Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for\na bill of particulars shall be made by serving a written demand stating\nthe items concerning which particulars are desired. Within thirty days\nof service of a demand for a bill of particulars, the party on…

Rule 3043. Bill of particulars in personal injury actions. (a)\nSpecified particulars. In actions to recover for personal injuries the\nfollowing particulars may be required:\n (1) The date and approximate time of day of the occurrence;\n (2) Its approximate location;\n (3) Gene…

§ 3044. Verification of bill of particulars. If a pleading is\nverified, a subsequent bill of particulars shall also be verified. A\nbill of particulars of any pleading with respect to a cause of action\nfor negligence shall be verified whether such pleading be verified or\nnot.…

§ 3045. Arbitration of damages in medical, dental or podiatric\nmalpractice actions. (a) At any time after service of a bill of\nparticulars but no later than sixty days after filing of the notice of\ndental, medical or podiatric malpractice action pursuant to rule\nthirty-four …

Rule 305. Summons; supplemental summons, amendment. (a) Summons;\nsupplemental summons. A summons shall specify the basis of the venue\ndesignated and if based upon the residence of the plaintiff it shall\nspecify the plaintiff's address, and also shall bear the index number\nas…

Rule 306. Proof of service. (a) Generally. Proof of service shall\nspecify the papers served, the person who was served and the date, time,\naddress, or, in the event there is no address, place and manner of\nservice, and set forth facts showing that the service was made by an\n…

§ 306-a. Index number in an action or proceeding commenced in supreme\nor county court. (a) Upon filing the summons and complaint, summons with\nnotice or petition in an action or proceeding commenced in supreme or\ncounty court with the clerk of the county, an index number shal…

§ 306-b. Service of the summons and complaint, summons with notice, or\npetition with a notice of petition or order to show cause. Service of\nthe summons and complaint, summons with notice, or petition with a\nnotice of petition or order to show cause shall be made within one\n…

§ 306-c. Notice of commencement of action for personal injuries by\nrecipient of medical assistance. In the case of an individual who has\nsuffered personal injuries and has received medical assistance pursuant\nto titles eleven and eleven-D of article five of the social service…

§ 306-d. Additional mailing of notice in an action arising out of a\nconsumer credit transaction. (a) At the time of filing with the clerk of\nthe proof of service of the summons and complaint in an action arising\nout of a consumer credit transaction, the plaintiff shall submit…

§ 307. Personal service upon the state. 1. Personal service upon the\nstate shall be made by delivering the summons to an assistant\nattorney-general at an office of the attorney-general or to the\nattorney-general within the state.\n 2. Personal service on a state officer sued …

§ 308. Personal service upon a natural person. Personal service upon\na natural person shall be made by any of the following methods:\n 1. by delivering the summons within the state to the person to be\nserved; or\n 2. by delivering the summons within the state to a person of su…

§ 309. Personal service upon an infant, incompetent or conservatee.\n(a) Upon an infant. Personal service upon an infant shall be made by\npersonally serving the summons within the state upon a parent or any\nguardian or any person having legal custody or, if the infant is\nmarr…

§ 310. Personal service upon a partnership. (a) Personal service upon\npersons conducting a business as a partnership may be made by personally\nserving the summons upon any one of them.\n (b) Personal service upon said partnership may also be made within the\nstate by deliverin…

§ 310-a. Personal service upon a limited partnership. (a) Personal\nservice upon any domestic or foreign limited partnership shall be made\nby delivering a copy personally to any managing or general agent or\ngeneral partner of the limited partnership in this state, to any other…

§ 3101. Scope of disclosure. (a) Generally. There shall be full\ndisclosure of all matter material and necessary in the prosecution or\ndefense of an action, regardless of the burden of proof, by:\n (1) a party, or the officer, director, member, agent or employee of a\nparty;\n …

§ 3102. Method of obtaining disclosure. (a) Disclosure devices.\nInformation is obtainable by one or more of the following disclosure\ndevices: depositions upon oral questions or without the state upon\nwritten questions, interrogatories, demands for addresses, discovery and\nin…

§ 3103. Protective orders. (a) Prevention of abuse. The court may at\nany time on its own initiative, or on motion of any party or of any\nperson from whom or about whom discovery is sought, make a protective\norder denying, limiting, conditioning or regulating the use of any\nd…

§ 3104. Supervision of disclosure. (a) Motion for, and extent of,\nsupervision of disclosure. Upon the motion of any party or witness on\nnotice to all parties or on its own initiative without notice, the court\nin which an action is pending may by one of its judges or a referee…

Rule 3105. Notice to party in default. When a party is in default for\nfailure to appear, he shall not be entitled to notice or service of any\ncopy required under this article.\n

Rule 3106. Priority of depositions; witnesses; prisoners; designation\nof deponent. (a) Normal priority. After an action is commenced, any\nparty may take the testimony of any person by deposition upon oral or\nwritten questions. Leave of the court, granted on motion, shall be\n…

Rule 3107. Notice of taking oral questions. A party desiring to take\nthe deposition of any person upon oral examination shall give to each\nparty twenty days' notice, unless the court orders otherwise. The notice\nshall be in writing, stating the time and place for taking the\n…

Rule 3108. Written questions; when permitted. A deposition may be\ntaken on written questions when the examining party and the deponent so\nstipulate or when the testimony is to be taken without the state. A\ncommission or letters rogatory may be issued where necessary or\nconve…

Rule 3109. Notice of taking deposition on written questions. (a)\nNotice of taking; service of questions and cross-questions. A party\ndesiring to take the deposition of any person upon written questions\nshall serve such questions upon each party together with a notice\nstating…

§ 311. Personal service upon a corporation or governmental\nsubdivision. (a) Personal service upon a corporation or governmental\nsubdivision shall be made by delivering the summons as follows:\n 1. upon any domestic or foreign corporation, to an officer, director,\nmanaging or …

§ 311-a. Personal service on limited liability companies. (a) Service\nof process on any domestic or foreign limited liability company shall be\nmade by delivering a copy personally to (i) any member of the limited\nliability company in this state, if the management of the limit…

Rule 3110. Where the deposition is to be taken within the state. A\ndeposition within the state on notice shall be taken:\n 1. when the person to be examined is a party or an officer, director,\nmember or employee of a party, within the county in which he resides or\nhas an offi…

Rule 3111. Production of things at the examination. The notice or\nsubpoena may require the production of books, papers and other things in\nthe possession, custody or control of the person to be examined to be\nmarked as exhibits, and used on the examination. The reasonable\npr…

Rule 3112. Errors in notice for taking depositions. All errors and\nirregularities in the notice for taking a deposition are waived unless\nat least three days before the time for taking the deposition written\nobjection is served upon the party giving the notice.\n

Rule 3113. Conduct of the examination. (a) Persons before whom\ndepositions may be taken. Depositions may be taken before any of the\nfollowing persons except an attorney, or employee of an attorney, for a\nparty or prospective party and except a person who would be disqualified…

Rule 3114. Examination of witness who does not understand the English\nlanguage. If the witness to be examined does not understand the English\nlanguage, the examining party must, at his own expense, provide a\ntranslation of all questions and answers. Where the court settles\nq…

Rule 3115. Objections to qualification of person taking deposition;\ncompetency; questions and answers. (a) Objection when deposition\noffered in evidence. Subject to the other provisions of this rule,\nobjection may be made at the trial or hearing to receiving in evidence\nany …

Rule 3116. Signing deposition; physical preparation; copies. (a)\nSigning. The deposition shall be submitted to the witness for\nexamination and shall be read to or by him or her, and any changes in\nform or substance which the witness desires to make shall be entered at\nthe en…

Rule 3117. Use of depositions. (a) Impeachment of witnesses; parties;\nunavailable witness. At the trial or upon the hearing of a motion or an\ninterlocutory proceeding, any part or all of a deposition, so far as\nadmissible under the rules of evidence, may be used in accordance…

Rule 3118. Demand for address of party or of person who possessed an\nassigned cause of action or defense. A party may serve on any party a\nwritten notice demanding a verified statement setting forth the post\noffice address and residence of the party, of any specified officer …

§ 3119. Uniform interstate depositions and discovery. (a) Definitions.\nFor purposes of this section:\n (1) "Out-of-state subpoena" means a subpoena issued under authority of\na court of record of a state other than this state.\n (2) "Person" means an individual, corporation, bu…

§ 312. Personal service upon a court, board or commission. Personal\nservice upon a court consisting of three or more judges may be made by\ndelivering the summons to any one of them. Personal service upon a board\nor commission having a chairman or other presiding officer, secr…

§ 312-a. Personal service by mail. (a) Service. As an alternative to\nthe methods of personal service authorized by section 307, 308, 310, 311\nor 312 of this article, a summons and complaint, or summons and notice,\nor notice of petition and petition may be served by the plaint…

Rule 3120. Discovery and production of documents and things for\ninspection, testing, copying or photographing.\n 1. After commencement of an action, any party may serve on any other\nparty a notice or on any other person a subpoena duces tecum:\n (i) to produce and permit the p…

§ 3121. Physical or mental examination. (a) Notice of examination.\nAfter commencement of an action in which the mental or physical\ncondition or the blood relationship of a party, or of an agent, employee\nor person in the custody or under the legal control of a party, is in\nc…

Rule 3122. Objection to disclosure, inspection or examination;\ncompliance. (a) 1. Within twenty days of service of a notice or subpoena\nduces tecum under rule 3120 or section 3121, the party or person to whom\nthe notice or subpoena duces tecum is directed, if that party or pe…

Rule 3122-a. Certification of business records. (a) Business records\nproduced pursuant to a subpoena duces tecum under rule 3120 shall be\naccompanied by a certification, sworn in the form of an affidavit and\nsubscribed by the custodian or other qualified witness charged with\…

§ 3122-b. Certification of insurance disclosure. Information provided\npursuant to subdivision (f) of section thirty-one hundred one of this\narticle shall be accompanied by a certification by the defendant,\nthird-party defendant, or defendant on a cross-claim or counter-claim\…

§ 3123. Admissions as to matters of fact, papers, documents and\nphotographs. (a) Notice to admit; admission unless denied or denial\nexcused. At any time after service of the answer or after the expiration\nof twenty days from service of the summons, whichever is sooner, and no…

Rule 3124. Failure to disclose; motion to compel disclosure. If a\nperson fails to respond to or comply with any request, notice,\ninterrogatory, demand, question or order under this article, except a\nnotice to admit under section 3123, the party seeking disclosure may\nmove to…

Rule 3125. Place where motion to compel disclosure made. Unless\notherwise provided by rule of the chief administrator of the courts, the\ncounty in which a deposition is being taken or an examination or\ninspection is being sought may be treated by the moving party as the\ncoun…

§ 3126. Penalties for refusal to comply with order or to disclose. If\nany party, or a person who at the time a deposition is taken or an\nexamination or inspection is made is an officer, director, member,\nemployee or agent of a party or otherwise under a party's control,\nrefu…

§ 313. Service without the state giving personal jurisdiction. A\nperson domiciled in the state or subject to the jurisdiction of the\ncourts of the state under section 301 or 302, or his executor or\nadministrator, may be served with the summons without the state, in the\nsame …

§ 3130. Use of interrogatories. 1. Except as otherwise provided\nherein, after commencement of an action, any party may serve upon any\nother party written interrogatories. Except in a matrimonial action, a\nparty may not serve written interrogatories on another party and also\n…