Section 3102. Method of obtaining disclosure  


Latest version.
  • (a)  Disclosure devices.
      Information is obtainable by one or more  of  the  following  disclosure
      devices:  depositions  upon  oral  questions  or  without the state upon
      written questions, interrogatories, demands for addresses, discovery and
      inspection of documents or property, physical and mental examinations of
      persons, and requests for admission.
        (b) Stipulation or notice normal method. Unless otherwise provided  by
      the  civil  practice  law and rules or by the court, disclosure shall be
      obtained by stipulation or on notice without leave of the court.
        (c) Before action commenced. Before an action is commenced, disclosure
      to aid in bringing an action, to  preserve  information  or  to  aid  in
      arbitration,  may  be  obtained,  but only by court order. The court may
      appoint a referee to take testimony.
        (d) After trial commenced. Except as provided in section 5223,  during
      and  after  trial, disclosure may be obtained only by order of the trial
      court on notice.
        (e) Action pending in another jurisdiction. When  under  any  mandate,
      writ or commission issued out of any court of record in any other state,
      territory,  district or foreign jurisdiction, or whenever upon notice or
      agreement, it is required to take the testimony  of  a  witness  in  the
      state,  he may be compelled to appear and testify in the same manner and
      by the same process as  may  be  employed  for  the  purpose  of  taking
      testimony in actions pending in the state. The supreme court or a county
      court  shall  make  any  appropriate  order  in  aid  of  taking  such a
      deposition.
        (f) Action to which state is party. In an action in which the state is
      properly  a  party,  whether  as  plaintiff,  defendant  or   otherwise,
      disclosure  by  the  state  shall  be  available  as if the state were a
      private person.