NY CPLR § 3101 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 31 - Disclosure 3101 - Scope of Disclosure.

§  3101.  Scope  of  disclosure.  (a)  Generally.  There shall be full disclosure of all matter material and necessary in  the  prosecution  or defense of an action, regardless of the burden of proof, by:  (1)  a party, or the officer, director, member, agent or employee of a party;  (2) a person who possessed a cause of action or  defense  asserted  in the action;  (3)  a person about to depart from the state, or without the state, or residing at a greater distance from the place of trial than one  hundred miles,  or  so  sick or infirm as to afford reasonable grounds of belief that he or she will not be  able  to  attend  the  trial,  or  a  person authorized  to practice medicine, dentistry or podiatry who has provided medical, dental or podiatric care or diagnosis to  the  party  demanding disclosure, or who has been retained by such party as an expert witness; and  (4) any other person, upon notice stating the circumstances or reasons such disclosure is sought or required.  (b)  Privileged  matter. Upon objection by a person entitled to assert the privilege, privileged matter shall not be obtainable.  (c) Attorney's work product. The work product of an attorney shall not be obtainable.  (d) Trial preparation.   1. Experts. (i) Upon request, each party shall  identify  each  person whom  the  party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and  opinions  on  which each  expert  is  expected to testify, the qualifications of each expert witness and a summary of the grounds for each expert's opinion. However, where a party for good cause shown retains  an  expert  an  insufficient period  of  time  before  the  commencement of trial to give appropriate notice  thereof,  the  party  shall  not  thereupon  be  precluded  from introducing  the  expert's  testimony  at the trial solely on grounds of noncompliance with this paragraph. In that instance, upon motion of  any party,  made before or at trial, or on its own initiative, the court may make whatever order may be just. In an action  for  medical,  dental  or podiatric malpractice, a party, in responding to a request, may omit the names  of  medical, dental or podiatric experts but shall be required to disclose  all  other  information  concerning  such  experts   otherwise required by this paragraph.  (ii)  In  an  action for medical, dental or podiatric malpractice, any party may, by written offer made to and served upon  all  other  parties and  filed  with  the  court, offer to disclose the name of, and to make available for examination upon oral deposition,  any  person  the  party making  the  offer expects to call as an expert witness at trial. Within twenty days of service of the offer, a party shall accept or reject  the offer  by  serving  a  written  reply upon all parties and filing a copy thereof with the court. Failure to serve a reply within twenty  days  of service  of  the  offer shall be deemed a rejection of the offer. If all parties accept the offer, each party shall be required to produce his or her expert witness for examination upon oral deposition upon receipt  of a  notice  to  take  oral  deposition in accordance with rule thirty-one hundred seven of this chapter. If any party, having made or accepted the offer, fails to make that party's expert available for oral  deposition, that  party  shall  be  precluded  from offering expert testimony at the trial of the action.  (iii) Further disclosure concerning  the  expected  testimony  of  any expert  may  be  obtained  only by court order upon a showing of special circumstances and subject to restrictions as  to  scope  and  provisions  concerning fees and expenses as the court may deem appropriate. However, a  party,  without  court  order,  may  take  the  testimony of a person authorized to practice  medicine,  dentistry  or  podiatry  who  is  the party's  treating or retained expert, as described in paragraph three of subdivision (a) of this section, in which event any other party shall be entitled to the full disclosure authorized by this article with  respect to that expert without court order.   2.  Materials.  Subject  to  the  provisions  of paragraph one of this subdivision, materials otherwise discoverable under subdivision  (a)  of this  section and prepared in anticipation of litigation or for trial by or for another party, or by or for  that  other  party's  representative (including  an  attorney,  consultant,  surety,  indemnitor,  insurer or agent), may be obtained only upon  a  showing  that  the  party  seeking discovery  has  substantial  need of the materials in the preparation of the case and is unable without undue hardship to obtain the  substantial equivalent of the materials by other means. In ordering discovery of the materials  when  the  required  showing  has  been made, the court shall protect against  disclosure  of  the  mental  impressions,  conclusions, opinions  or  legal theories of an attorney or other representative of a party concerning the litigation.  (e) Party's statement. A party may obtain a copy of his own statement.  (f) Contents of insurance agreement. A party may obtain  discovery  of the  existence  and  contents of any insurance agreement under which any person carrying on an insurance business may be liable to  satisfy  part or  all of a judgment which may be entered in the action or to indemnify or reimburse for payments made  to  satisfy  the  judgment.  Information concerning  the  insurance  agreement  is  not  by  reason of disclosure admissible in evidence at trial. For purpose  of  this  subdivision,  an application  for  insurance shall not be treated as part of an insurance agreement.  (g) Accident reports. Except as  is  otherwise  provided  by  law,  in addition  to  any other matter which may be subject to disclosure, there shall be full disclosure of any written report of an  accident  prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity, unless prepared  by  a  police or peace officer for a criminal investigation or prosecution and disclosure would interfere with a criminal investigation or prosecution.  (h) Amendment or supplementation of responses. A party shall amend  or supplement  a  response  previously  given  to  a request for disclosure promptly upon the party's  thereafter  obtaining  information  that  the response  was  incorrect  or incomplete when made, or that the response, though correct  and  complete  when  made,  no  longer  is  correct  and complete,  and  the  circumstances  are  such that a failure to amend or supplement the response would be materially misleading.  Where  a  party obtains  such  information  an  insufficient  period  of time before the commencement of trial appropriately to amend or supplement the response, the party shall not thereupon be precluded from introducing evidence  at the  trial  solely on grounds of noncompliance with this subdivision. In that instance, upon motion of any party, made before or at trial, or  on its  own  initiative,  the  court  may  make whatever order may be just. Further amendment or supplementation may be obtained by court order.  (i)  In  addition  to  any  other  matter  which  may  be  subject  to disclosure,  there  shall  be full disclosure of any films, photographs, video tapes or audio tapes, including transcripts or memoranda  thereof, involving  a  person  referred to in paragraph one of subdivision (a) of this section.   There shall  be  disclosure  of  all  portions  of  such material,  including  out-takes, rather than only those portions a party  intends to use. The provisions of this subdivision shall  not  apply  to materials  compiled  for  law enforcement purposes which are exempt from disclosure under section eighty-seven of the public officers law.