2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3122 - Objection to Disclosure, Inspection or Examination; Compliance.

Rule   3122.  Objection  to  disclosure,  inspection  or  examination;
compliance. (a) 1. Within twenty days of service of a notice or subpoena
duces tecum under rule 3120 or section 3121, the party or person to whom
the notice or subpoena duces tecum is directed, if that party or  person
objects  to  the  disclosure,  inspection  or examination, shall serve a
response which shall state with reasonable particularity the reasons for
each objection. If objection is made to part of an item or category, the
part shall be specified. The party seeking disclosure under rule 3120 or
section 3121 may move for an order under rule 3124 or section 2308  with
respect  to  any  objection to, or other failure to respond to or permit
inspection  as  requested  by,  the  notice  or  subpoena  duces  tecum,
respectively, or any part thereof.
2. A medical provider served with a subpoena duces tecum, other than a
trial  subpoena  issued  by  a  court,  requesting  the  production of a
patient's medical records pursuant to this  rule  need  not  respond  or
object  to  the subpoena if the subpoena is not accompanied by a written
authorization by  the  patient.  Any  subpoena  served  upon  a  medical
provider  requesting  the  medical  records  of a patient shall state in
conspicuous bold-faced type that  the  records  shall  not  be  provided
unless  the  subpoena  is  accompanied by a written authorization by the
patient, or the court has issued the subpoena or otherwise directed  the
production of the documents.
(b)  Whenever a person is required pursuant to such a notice, subpoena
duces tecum or order to produce documents for inspection, and where such
person withholds one or more documents that  appear  to  be  within  the
category  of  the documents required by the notice, subpoena duces tecum
or order to be produced, such person shall  give  notice  to  the  party
seeking  the production and inspection of the documents that one or more
such documents are being withheld. This notice shall indicate the  legal
ground  for  withholding  each  such  document,  and  shall  provide the
following information  as  to  each  such  document,  unless  the  party
withholding  the  document  states  that  divulgence of such information
would cause disclosure of the allegedly privileged information: (1)  the
type  of  document;  (2) the general subject matter of the document; (3)
the date  of  the  document;  and  (4)  such  other  information  as  is
sufficient to identify the document for a subpoena duces tecum.
(c)  Whenever a person is required pursuant to such notice or order to
produce documents for inspection, that person shall produce them as they
are kept in the regular course of business or shall organize  and  label
them to correspond to the categories in the request.
(d) Unless the subpoena duces tecum directs the production of original
documents  for  inspection and copying at the place where such items are
usually maintained, it shall be sufficient for the  custodian  or  other
qualified person to deliver complete and accurate copies of the items to
be  produced.  The reasonable production expenses of a non-party witness
shall be defrayed by the party seeking discovery.