Section 1101. Disclosure  


Latest version.
  • (a)  CPLR applicable. The procedures set forth in the CPLR relative to
      disclosure, bill of particulars and the procuring of a copy of the items
      of an account, shall govern in this court, subject to paragraph (b).
        (b) Parties and non-parties. All notices, orders, subpoenas and  other
      papers relating to disclosure:
        1.  by  a  party,  may  be  served  in  any  part of the county or any
      adjoining county  and  shall  be  served  by  such  means  as  would  be
      permissible in the supreme court in a like instance;
        2. by a person not a party, may be served and executed only within the
      county,  unless  the  court  shall  find  that  the interests of justice
      require that service not be so limited, in  which  case  the  court  may
      permit  service as in paragraph one. Such permission may be granted only
      after motion on notice to all adverse parties.
        (c) Protective order. The protective order provided for in CPLR § 3103
      shall be available in this court with regard to all  of  the  foregoing,
      and  shall  not be limited to the disclosure devices provided in article
      31 of the CPLR.
        (d) Extra-territorial disclosure. In any case where  disclosure  would
      be  available in the supreme court in a like case, but is unavailable in
      this  court  by  virtue  of  any   territorial   limitation   upon   its
      jurisdiction,  the  court  may,  upon  motion  on  notice to all adverse
      parties, make an order to obtain disclosure from a  source  without  the
      city,  county  or  state  by  the use of any device to which the supreme
      court might resort to obtain disclosure from a source without the state.