Uniform interstate depositions and discovery

§ 3119. Uniform interstate depositions and discovery. (a) Definitions.
For purposes of this section:

(1) "Out-of-state subpoena" means a subpoena issued under authority of
a court of record of a state other than this state.

(2) "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint
venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity.

(3) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.

(4) "Subpoena" means a document, however denominated, issued under
authority of a court of record requiring a person to:

(i) attend and give testimony at a deposition;

(ii) produce and permit inspection and copying of designated books,
documents, records, electronically stored information, or tangible
things in the possession, custody or control of the person; or

(iii) permit inspection of premises under the control of the person.

(b) Issuance of subpoena. (1) To request issuance of a subpoena under
this section, a party must submit an out-of-state subpoena to the county
clerk in the county in which discovery is sought to be conducted in this
state. A request for the issuance of a subpoena under this section does
not constitute an appearance in the courts of this state.

(2) When a party submits an out-of-state subpoena to the county clerk,
the clerk, in accordance with that court's procedure and subject to the
provisions of article twenty-three of this chapter, shall promptly issue
a subpoena for service upon the person to which the out-of-state
subpoena is directed.

(3) A subpoena under paragraph two of this subdivision must:

(i) incorporate the terms used in the out-of-state subpoena; and

(ii) contain or be accompanied by the names, addresses and telephone
numbers of all counsel of record in the proceeding to which the subpoena
relates and of any party not represented by counsel.

(4) Notwithstanding paragraph one of this subdivision, if a party to
an out-of-state proceeding retains an attorney licensed to practice in
this state, and that attorney receives the original or a true copy of an
out-of-state subpoena, the attorney may issue a subpoena under this
section.

(c) Service of subpoena. A subpoena issued under this section must be
served in compliance with sections two thousand three hundred two and
two thousand three hundred three of this chapter.

(d) Deposition, production and inspection. Sections two thousand three
hundred three, two thousand three hundred five, two thousand three
hundred six, two thousand three hundred seven, two thousand three
hundred eight and this article apply to subpoenas issued under
subdivision (b) of this section.

(e) Application to court. An application to the court for a protective
order or to enforce, quash, or modify a subpoena issued under this
section must comply with the rules or statutes of this state and be
submitted to the court in the county in which discovery is to be
conducted.

(f) Uniformity of application and construction. In applying and
constructing this uniform act, consideration shall be given to the need
to promote uniformity of the law with respect to its subject matter
among states that enact it.

(g) (1) Out-of-state proceedings regarding legally protected health
activities. Notwithstanding any other provisions of this section or any
other law, no court or county clerk shall issue a subpoena under this
section in connection with an out-of-state proceeding relating to any
legally protected health activity which occurred in this state, unless
such out-of-state proceeding (i) sounds in tort or contract, (ii) is
actionable, in an equivalent or similar manner, under the laws of this
state, and (iii) was brought by the patient who received reproductive
health services as defined in paragraph (a) of subdivision one of
section 570.17 of the criminal procedure law, or the patient's legal
representative, so long as the patient gives express consent unless
express consent is not feasible due to patient injury or death.

(2) For purposes of this subdivision, the terms "legally protected
health activity" and "reproductive health services" shall have the same
meanings as defined in subdivision one of section 570.17 of the criminal
procedure law.

(h) Subpoenas related to gender-affirming care. Notwithstanding any
other provisions of law, no court or county clerk shall issue a subpoena
under this section in connection with an out-of-state proceeding
relating to any gender-affirming care, as defined in paragraph (c) of
subdivision one of section sixty-five hundred thirty-one-b of the
education law, which was legally performed, sought, received, or
supported in this state, unless such out-of-state proceeding (1) sounds
in tort or contract, or is based on statute, (2) is actionable, in an
equivalent or similar manner, under the laws of this state, and (3) was
brought by the patient who received the gender-affirming care, or the
patient's legal representative.