{"jurisdiction": "us-ny", "code": "cplr", "section": "3120", "citation": "CPLR § 3120", "heading": "Discovery and production of documents and things for inspection, testing, copying or photographing", "text": ["Rule 3120. Discovery and production of documents and things for inspection, testing, copying or photographing.", "1. After commencement of an action, any party may serve on any other party a notice or on any other person a subpoena duces tecum:", "(i) to produce and permit the party seeking discovery, or someone acting on his or her behalf, to inspect, copy, test or photograph any designated documents or any things which are in the possession, custody or control of the party or person served; or", "(ii) to permit entry upon designated land or other property in the possession, custody or control of the party or person served for the purpose of inspecting, measuring, surveying, sampling, testing, photographing or recording by motion pictures or otherwise the property or any specifically designated object or operation thereon.", "2. The notice or subpoena duces tecum shall specify the time, which shall be not less than twenty days after service of the notice or subpoena, and the place and manner of making the inspection, copy, test or photograph, or of the entry upon the land or other property and, in the case of an inspection, copying, testing or photographing, shall set forth the items to be inspected, copied, tested or photographed by individual item or by category, and shall describe each item and category with reasonable particularity.", "3. The party issuing a subpoena duces tecum as provided hereinabove shall at the same time serve a copy of the subpoena upon all other parties and, within five days of compliance therewith, in whole or in part, give to each party notice that the items produced in response thereto are available for inspection and copying, specifying the time and place thereof.", "4. Nothing contained in this section shall be construed to change the requirement of section 2307 that a subpoena duces tecum to be served upon a library or a department or bureau of a municipal corporation, or of the state, or an officer thereof, requires a motion made on notice to the library, department, bureau or officer, and the adverse party, to a justice of the supreme court or a judge of the court in which the action is triable."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3120", "from_official_api": true, "plain_english": "After a case begins, a party may demand documents or things for inspection, copying, testing or photographing, or access to land or property for specified examination.\n- **(1)** A **party may serve another party with a notice, or another person with a subpoena duces tecum**, to produce controlled documents or things or permit entry onto controlled property for the listed inspection and recording purposes.\n- **(2)** The **notice or subpoena must set a time at least 20 days after service**, state the place and method, and describe requested items individually or by reasonably particular categories. ★\n- **(3)** A **party issuing the subpoena must simultaneously serve every other party with a copy** and, **within 5 days after any compliance**, notify each party where and when the produced items can be inspected and copied. ★\n- **(4)** A subpoena to a library or governmental department, bureau or officer still requires the noticed motion to the specified judge under § 2307.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3120", "publisher": "Elyphived LLC"}