{"jurisdiction": "us-ny", "code": "cplr", "section": "3110", "citation": "CPLR § 3110", "heading": "Where the deposition is to be taken within the state", "text": ["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_source": "https://www.nysenate.gov/legislation/laws/CVP/3110", "from_official_api": true, "plain_english": "This rule sets the county where a noticed deposition inside New York must be taken.\n- **(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**.\n- **(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.\n- **(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**.\n- **New York City** counts as **1 county** for this rule. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3110", "publisher": "Elyphived LLC"}