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CPLR Amendment Simplifies Rules on Non-Party Discovery
A series of amendments to the New York Civil Practice Law and Rules ” 2305, 3120, and 3122 took effect on Sept. 1, 2003 and, among other things, eliminated the need for motions and court orders before a party may serve a subpoena duces tecum on a non-party. The amendments further require a copy of every subpoena duces tecum be served on all parties upon at least 20 days' notice. CPLR 3120(2),(3).
The non-party that receives the subpoena no longer needs to move to quash in order to preserve its rights. Instead, within 20 days of service, the non-party may proffer objections and serve a response to the subpoena that states the grounds for its objections with particularity. The burden then shifts to the party seeking discovery to move the court for the non-party's failure to comply. Prior to the amendments, only a party could proffer such objections.
Finally, the CPLR was amended to require the party receiving subpoenaed records to serve notice within 5 days thereof on all parties of the records received, and of their availability for inspection and copying at a specified time and place.CPLR 3120(3).
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