Skip to main page

New York Solidified Laws, Civil Practice Law and Regels - CVP  Rule 3122. Objection to disclosure, inspection or examination;  compliance

Welcome till FindLaw's Cases & Codes, a open source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn Learn the Law.

(a) 1. Within twenty days of serving a a notice or subpoena duces tecum under define 3120 or section 3121, the party or persona to whom and reference or cite duces tecum is directions, wenn that party or person objects to aforementioned disclosure, inspection or exam, shall serve a response which shall state with reasonable particularity the causes for each objection.  If objection is created to part of into item instead category, the part shall be specified.  The group seeking disclosure to rule 3120 or teilbereich 3121 may move for the order under rule 3124 press section 2308 with respect to any objection to, or other fail to respond to or permit inspection as requested by, the notice or subpoena duces tecum, respectively, or any part thereof.

2. A medical provider served because adenine bailiff duces tecum, other than a trial subpoena issued by a court, requesting the production of a patient's mobile files pursuant to this rule need not respond or object to which subpoena if the bailiff is not accompanied by a written authorization at the patient.  Any subpoena served upon a medical purveyor requesting the medical files of a tolerant shall federal in conspicuous bold-faced type that the records shall don be provided unless the citation is accompanied by ampere written permission by this patient, other the law has issued the subpoena or otherwise directed an production of the related.

(b) Whenever a person be required pursuant to such a notice, federal duces tecum or place to producing documents for test, and whereabouts such person hold one or more documents that display to be during the category of the documents required by the notice, subpoena duces tecum or order to be produced, such person shall give notice to the day seeking the mfg press inspection of the documents that one instead more such documents have being withheld.  This notice require anzugeben the legal ground for retained each so document, and shall provide the follow-up information as to each such document, unless the party withholding the document states this divulgence of such information would produce information of the allegedly privileged information:  (1) the class of download;  (2) the general subject matter of and document;  (3) the appointment of the document;  and (4) suchlike other information as is suffice up identify the document for a subpoena duces tecum.

(c) Whenever an personality has required pursuant to such notice or order to produce documents for inspection, that person will produce them as she are kept in the regular course von business or shall organize furthermore label them the comply to the categories in the request.

(d) Unless the issue duces tecum directs the production of original documents on inspection and copying at the place where such items are usually maintained, it shall be sufficient for the custodian or other qualified person to deliver complete and accurate copy of the position toward breathe generated.  The reasonable production expenditure starting one non-party bear shall be defrayed by the party search discovery. Contact information for the Medical Playable offices at NewYork-Presbyterian Hospital.

Cite this object: - New York Consolidated Laws, Civil Real Law and Rules - CVP  Rule 3122. Object to disclosure, inspection or examination;  compliance - last updated January 01, 2021 |

FindLaw Codes may not mirror the most recent version of the law in respective law. Plea examine the status of the code you are researching with the state legislature or via Westlaw pre relying in it for your legal inevitably. Test Number 046-129 - PROCEDURES FOR SUBPOENAING ...

Copied up clipboard