{"jurisdiction": "us-ny", "code": "cplr", "section": "3106", "citation": "CPLR § 3106", "heading": "Priority of depositions; witnesses; prisoners; designation of deponent", "text": ["Rule 3106. Priority of depositions; witnesses; prisoners; designation of deponent. (a) Normal priority.  After an action is commenced, any party may take the testimony of any person by deposition upon oral or written questions.  Leave of the court, granted on motion, shall be obtained if notice of the taking of the deposition of a party is served by the plaintiff before that party's time for serving a responsive pleading has expired.", "(b) Witnesses. Where the person to be examined is not a party or a person who at the time of taking the deposition is an officer, director, member or employee of a party, he shall be served with a subpoena. Unless the court orders otherwise, on motion with or without notice, such subpoena shall be served at least twenty days before the examination.  Where a motion for a protective order against such an examination is made, the witness shall be notified by the moving party that the examination is stayed.", "(c) Prisoners. The deposition of a person confined under legal process may be taken only by leave of the court.", "(d) Designation of deponent. A party desiring to take the deposition of a particular officer, director, member or employee of a person shall include in the notice or subpoena served upon such person the identity, description or title of such individual. Such person shall produce the individual so designated unless they shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. If timely notification has been so given, such other individual shall instead be produced."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3106", "from_official_api": true, "plain_english": "This rule controls when and how depositions may be taken.\n- **(a)** After an action is commenced, **any party** may depose **any person** on oral or written questions. **Leave of court, on motion,** is needed if the **plaintiff** serves notice to depose a party **before that party's time to serve a responsive pleading has expired**.\n- **(b)** A person who is **not a party** and **not, at the time of the deposition, an officer, director, member or employee of a party** must be served with a **subpoena**, at least **20 days before the examination** unless the court orders otherwise (on motion with or without notice). ★ If a motion for a protective order is made, the **moving party must notify the witness** that the examination is **stayed**.\n- **(c)** A person **confined under legal process** may be deposed **only by leave of court**.\n- **(d)** A party wanting a particular officer, director, member or employee of a person must state that individual's identity, description or title in the notice or subpoena. That individual must be produced unless, **no later than 10 days before the deposition**, the requesting party was told another specified individual would be produced instead, in which case **that other individual is produced**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3106", "publisher": "Elyphived LLC"}