Bill Text: NY S05077 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to conduct of the examination before trial.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-23 - SIGNED CHAP.379 [S05077 Detail]
Download: New_York-2013-S05077-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5077
2013-2014 Regular Sessions
I N S E N A T E
May 8, 2013
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to conduct
of the examination before trial
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (c) of rule 3113 of the civil practice law and
2 rules is amended to read as follows:
3 (c) Examination and cross-examination. Examination and cross-examina-
4 tion of deponents shall proceed as permitted in the trial of actions in
5 open court, EXCEPT THAT A NON-PARTY DEPONENT'S COUNSEL MAY PARTICIPATE
6 IN THE DEPOSITION AND MAKE OBJECTIONS ON BEHALF OF HIS OR HER CLIENT IN
7 THE SAME MANNER AS COUNSEL FOR A PARTY. When the deposition of a party
8 is taken at the instance of an adverse party, the deponent may be cross-
9 examined by his OR HER own attorney. Cross-examination need not be
10 limited to the subject matter of the examination in chief.
11 S 2. This act shall take effect immediately and shall apply to all
12 actions pending on such effective date or commenced on or after such
13 effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09842-01-3
