Legislation
SECTION 1101
Disclosure
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 11
§ 1101. Disclosure. (a) CPLR applicable. The procedures set forth in
the CPLR relative to disclosure, bill of particulars and the procuring
of a copy of the items of an account, shall govern in this court,
subject to subdivision (b). In an action to impose or collect a civil
penalty for violation of the multiple dwelling law or the housing
maintenance code of the New York city administrative code, leave of
court, obtained by motion to the housing part thereof, shall be required
for disclosure or for a bill of particulars except for a notice under
CPLR 3123, which leave shall be granted only upon a showing that such
disclosure or bill of particulars is necessary to the prosecution or
defense of the action. If it is so noted on the summons, any motion for
disclosure or a bill of particulars must be made in writing and on
notice and must be filed with the clerk with proof of service not later
than thirty days after joinder of issue.
(b) Parties and non-parties. All notices, orders, subpoenas and other
papers relating to disclosure:
1. by a party, may be served by such means and at such place,
regardless of city or state lines, as would be permissible in the
supreme court in a like instance;
2. by a person not a party, may be served and executed only within the
city, unless the court shall find that the interests of justice require
that service not be so limited, in which case the court may permit
service as in paragraph one. Such permission may be granted only after
motion on notice to all adverse parties.
(c) Protective order. The protective order provided for in CPLR § 3103
shall be available in this court with regard to all of the foregoing,
and shall not be limited to the disclosure devices provided in article
31 of the CPLR.
the CPLR relative to disclosure, bill of particulars and the procuring
of a copy of the items of an account, shall govern in this court,
subject to subdivision (b). In an action to impose or collect a civil
penalty for violation of the multiple dwelling law or the housing
maintenance code of the New York city administrative code, leave of
court, obtained by motion to the housing part thereof, shall be required
for disclosure or for a bill of particulars except for a notice under
CPLR 3123, which leave shall be granted only upon a showing that such
disclosure or bill of particulars is necessary to the prosecution or
defense of the action. If it is so noted on the summons, any motion for
disclosure or a bill of particulars must be made in writing and on
notice and must be filed with the clerk with proof of service not later
than thirty days after joinder of issue.
(b) Parties and non-parties. All notices, orders, subpoenas and other
papers relating to disclosure:
1. by a party, may be served by such means and at such place,
regardless of city or state lines, as would be permissible in the
supreme court in a like instance;
2. by a person not a party, may be served and executed only within the
city, unless the court shall find that the interests of justice require
that service not be so limited, in which case the court may permit
service as in paragraph one. Such permission may be granted only after
motion on notice to all adverse parties.
(c) Protective order. The protective order provided for in CPLR § 3103
shall be available in this court with regard to all of the foregoing,
and shall not be limited to the disclosure devices provided in article
31 of the CPLR.