{"jurisdiction": "us-ny", "code": "cplr", "section": "3104", "citation": "CPLR § 3104", "heading": "Supervision of disclosure", "text": ["§ 3104. Supervision of disclosure. (a) Motion for, and extent of, supervision of disclosure. Upon the motion of any party or witness on notice to all parties or on its own initiative without notice, the court in which an action is pending may by one of its judges or a referee supervise all or part of any disclosure procedure.", "(b) Selection of referee. A judicial hearing officer may be designated as a referee under this section, or the court may permit all of the parties in an action to stipulate that a named attorney may act as referee. In such latter event, the stipulation shall provide for payment of his fees which shall, unless otherwise agreed, be taxed as disbursements.", "(c) Powers of referee; motions referred to person supervising disclosure.  A referee under this section shall have all the powers of the court under this article except the power to relieve himself of his duties, to appoint a successor, or to adjudge any person guilty of contempt.  All motions or applications made under this article shall be returnable before the judge or referee, designated under this section and after disposition, if requested by any party, his order shall be filed in the office of the clerk.", "(d) Review of order of referee. Any party or witness may apply for review of an order made under this section by a referee. The application shall be by motion made in the court in which the action is pending within five days after the order is made. Service of a notice of motion for review shall suspend disclosure of the particular matter in dispute. If the question raised by the motion may affect the rights of a witness, notice shall be served on him personally or by mail at his last known address. It shall set forth succinctly the order complained of, the reason it is objectionable and the relief demanded.", "(e) Payment of expenses of referee. Except where a judicial hearing officer has been designated a referee hereunder, the court may make an appropriate order for the payment of the reasonable expenses of the referee."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3104", "from_official_api": true, "plain_english": "The court in which an action is pending may place some or all disclosure under supervision by one of its judges or a referee.\n- **(a)** On motion of **any party or witness on notice to all parties**, or on its own **without notice**, the court may supervise **all or part** of any disclosure procedure.\n- **(b)** A **judicial hearing officer** may be designated referee, or the court may let **all parties stipulate** to a named attorney as referee; the stipulation must provide for the attorney's fees, which, unless otherwise agreed, are **taxed as disbursements**.\n- **(c)** A referee has **all the court's powers under this article** except to relieve himself, appoint a successor, or **adjudge contempt**. All article motions are returnable before the designated judge or referee, whose order is **filed with the clerk if any party requests**.\n- **(d)** Any party or witness may seek review of a referee's order by motion in the pending court **within 5 days after the order is made**; serving the notice of motion **suspends disclosure of the disputed matter**. ★ If a witness's rights may be affected, notice must be served on the witness **personally or by mail** at the last known address. The motion must state the order complained of, why it is objectionable, and the relief sought.\n- **(e)** Except where a judicial hearing officer is the referee, the court **may order payment of the referee's reasonable expenses**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3104", "publisher": "Elyphived LLC"}