Prevents abuse during discovery.
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to prevention of abuse during discovery
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice.
This measure would amend CPLR § 3103(a) to expand the delineated persons who may seek the remedy of a protective order in regard to the use of discovery devices such as a subpoena for records.
Presently the statute contemplates protective orders made by the court on its own motion or on motion of a party or a person from whom discovery is sought. Not addressed is a person about whom records are being subpoenaed from either a party or another nonparty. By way of example, if an accountant is subpoenaed to produce the records of clients who are not parties to the litigation, it is unclear under the present statute whether the non-party clients would have standing to object to the production of their records.
It would be an unwarranted anomaly for such non-parties to have less of a right to protect their records than those persons already delineated in the statute.
It should be noted that it is not the purpose of this amendment to change existing case law as to whether or not a third party has a protectable interest in certain records. See, Norkin v. Hoey, 181 A.D.2d 248, 252 (1st Dept., 1992) (bank records); People v. DiRaffaele, 55 N.Y.2d 234 (1982) (telephone records). This measure would solely provide a procedural mechanism by which a person, whose information is contained in the records sought, may object to the subpoena.
This measure would have no fiscal impact on the State. It would take effect immediately and apply to all actions pending on such effective date or commenced on or after such effective date.
Legislative History: None. New proposal.
STATE OF NEW YORK ________________________________________________________________________ 4850 2013-2014 Regular Sessions IN SENATE April 26, 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 prevention of abuse during discovery THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 3103 of the civil practice law and rules, as amended by chapter 98 of the laws of 1993, is amended to read as follows: (a) Prevention of abuse. The court may at any time on its own initi- ative, or on motion of any party or of any person from whom OR ABOUT WHOM discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device. Such order shall be designed to prevent unreasonable annoyance, expense, embarrass- ment, disadvantage, or other prejudice to any person or the courts. S 2. This act shall take effect immediately and shall apply to all actions pending on such effective date or commenced on or after such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09758-01-3