2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3119 - Uniform Interstate Depositions and Discovery.

§ 3119. Uniform interstate depositions and discovery. (a) Definitions.
For purposes of this section:
(1) "Out-of-state subpoena" means a subpoena issued under authority of
a court of record of a state other than this state.
(2) "Person" means an individual, corporation, business trust, estate,
trust,   partnership,  limited  liability  company,  association,  joint
venture, public corporation, government,  or  governmental  subdivision,
agency or instrumentality, or any other legal or commercial entity.
(3)  "State"  means  a  state  of  the  United States, the District of
Columbia,  Puerto  Rico,  the  United  States  Virgin  Islands,  or  any
territory  or  insular  possession  subject  to  the jurisdiction of the
United States.
(4) "Subpoena" means a document,  however  denominated,  issued  under
authority of a court of record requiring a person to:
(i) attend and give testimony at a deposition;
(ii)  produce  and  permit inspection and copying of designated books,
documents,  records,  electronically  stored  information,  or  tangible
things in the possession, custody or control of the person; or
(iii) permit inspection of premises under the control of the person.
(b)  Issuance of subpoena. (1) To request issuance of a subpoena under
this section, a party must submit an out-of-state subpoena to the county
clerk in the county in which discovery is sought to be conducted in this
state. A request for the issuance of a subpoena under this section  does
not constitute an appearance in the courts of this state.
(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.
(3) A subpoena under paragraph two of this subdivision must:
(i) incorporate the terms used in the out-of-state subpoena; and
(ii)  contain  or be accompanied by the names, addresses and telephone
numbers of all counsel of record in the proceeding to which the subpoena
relates and of any party not represented by counsel.
(4) Notwithstanding paragraph one of this subdivision, 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.
(c)  Service of subpoena. A subpoena issued under this section must be
served in compliance with sections two thousand three  hundred  two  and
two thousand three hundred three of this chapter.
(d) Deposition, production and inspection. Sections two thousand three
hundred  three,  two  thousand  three  hundred  five, two thousand three
hundred six, two  thousand  three  hundred  seven,  two  thousand  three
hundred   eight  and  this  article  apply  to  subpoenas  issued  under
subdivision (b) of this section.
(e) Application to court. An application to the court for a protective
order or to enforce, quash, or  modify  a  subpoena  issued  under  this
section  must  comply  with  the  rules or statutes of this state and be
submitted to the court in  the  county  in  which  discovery  is  to  be
conducted.
(f)  Uniformity  of  application  and  construction.  In  applying and
constructing this uniform act, consideration shall be given to the  need
to  promote  uniformity  of  the  law with respect to its subject matter
among states that enact it.
(g) (1) Out-of-state proceedings regarding  legally  protected  health
activities.  Notwithstanding any other provisions of this section or any

other law, no court or county clerk shall issue a  subpoena  under  this
section  in  connection  with an out-of-state proceeding relating to any
legally protected health activity which occurred in this  state,  unless
such  out-of-state  proceeding  (i)  sounds in tort or contract, (ii) is
actionable, in an equivalent or similar manner, under the laws  of  this
state,  and  (iii)  was brought by the patient who received reproductive
health services as defined  in  paragraph  (a)  of  subdivision  one  of
section  570.17  of  the  criminal procedure law, or the patient's legal
representative, so long as the  patient  gives  express  consent  unless
express consent is not feasible due to patient injury or death.
(2)  For  purposes  of  this subdivision, the terms "legally protected
health activity" and "reproductive health services" shall have the  same
meanings as defined in subdivision one of section 570.17 of the criminal
procedure law.
(h)  Subpoenas  related  to gender-affirming care. Notwithstanding any
other provisions of law, no court or county clerk shall issue a subpoena
under  this  section  in  connection  with  an  out-of-state  proceeding
relating  to  any  gender-affirming care, as defined in paragraph (c) of
subdivision one  of  section  sixty-five  hundred  thirty-one-b  of  the
education  law,  which  was  legally  performed,  sought,  received,  or
supported in this state, unless such out-of-state proceeding (1)  sounds
in  tort  or  contract, or is based on statute, (2) is actionable, in an
equivalent or similar manner, under the laws of this state, and (3)  was
brought  by  the  patient who received the gender-affirming care, or the
patient's legal representative.