Legislation
SECTION 3120
Discovery and production of documents and things for inspection, testing, copying or photographing
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
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.
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.