CPLR § 3110

Where the deposition is to be taken within the state · as in force on May 31, 2026

Rule 3110. Where the deposition is to be taken within the state. A deposition within the state on notice shall be taken:

1. when the person to be examined is a party or an officer, director, member or employee of a party, within the county in which he resides or has an office for the regular transaction of business in person or where the action is pending; or

2. when any other person to be examined is a resident, within the county in which he resides, is regularly employed or has an office for the regular transaction of business in person, or if he is not a resident, within the county in which he is served, is regularly employed or has an office for the regular transaction of business in person; or

3. when the party to be examined is a public corporation or any officer, agent or employee thereof, within the county in which the action is pending; the place of such examination shall be the office of any of the attorneys for such a public corporation or any officer, agent or authorized employee thereof unless the parties stipulate otherwise.

For the purpose of this rule New York city shall be considered one county.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/3110

In plain English

This rule sets the county where a noticed deposition inside New York must be taken.

(1) A party, or a party's officer, director, member or employee, is examined in the county where that person resides, has an office for the regular transaction of business in person, or where the action is pending.
(2) Any other person: a resident is examined in the county where he resides, is regularly employed or has a regular in-person business office; a nonresident is examined in the county where he is served, is regularly employed or has a regular in-person business office.
(3) A public corporation, or its officer, agent or employee, is examined in the county where the action is pending, at the office of any of the attorneys for the public corporation or its officer, agent or authorized employee, unless the parties stipulate otherwise.
New York City counts as 1 county for this rule. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.