N.Y. Civil Practice Law & Rules § 3106: Priority of depositions; witnesses; prisoners; designation of deponent

Rule 3106. Priority of depositions; witnesses; prisoners; designation

of deponent. (a) Normal priority. After an action is commenced, any

party may take the testimony of any person by deposition upon oral or

written questions. Leave of the court, granted on motion, shall be

obtained if notice of the taking of the deposition of a party is served

by the plaintiff before that party's time for serving a responsive

pleading has expired.

(b) Witnesses. Where the person to be examined is not a party or a

person who at the time of taking the deposition is an officer, director,

member or employee of a party, he shall be served with a subpoena.

Unless the court orders otherwise, on motion with or without notice,

such subpoena shall be served at least twenty days before the

examination. Where a motion for a protective order against such an

examination is made, the witness shall be notified by the moving party

that the examination is stayed.

(c) Prisoners. The deposition of a person confined under legal process

may be taken only by leave of the court.

(d) Designation of deponent. A party desiring to take the deposition

of a particular officer, director, member or employee of a person shall

include in the notice or subpoena served upon such person the identity,

description or title of such individual. Such person shall produce the

individual so designated unless they shall have, no later than ten days

prior to the scheduled deposition, notified the requesting party that

another individual would instead be produced and the identity,

description or title of such individual is specified. If timely

notification has been so given, such other individual shall instead be

produced.