N.Y. Civil Practice Law & Rules § 3120: Discovery and production of documents and things for inspection, testing, copying or photographing

Rule 3120. Discovery and production of documents and things for

inspection, testing, copying or photographing.

1. After commencement of an action, any party may serve on any other

party a notice or on any other person a subpoena duces tecum:

(i) to produce and permit the party seeking discovery, or someone

acting on his or her behalf, to inspect, copy, test or photograph any

designated documents or any things which are in the possession, custody

or control of the party or person served; or

(ii) to permit entry upon designated land or other property in the

possession, custody or control of the party or person served for the

purpose of inspecting, measuring, surveying, sampling, testing,

photographing or recording by motion pictures or otherwise the property

or any specifically designated object or operation thereon.

2. The notice or subpoena duces tecum shall specify the time, which

shall be not less than twenty days after service of the notice or

subpoena, and the place and manner of making the inspection, copy, test

or photograph, or of the entry upon the land or other property and, in

the case of an inspection, copying, testing or photographing, shall set

forth the items to be inspected, copied, tested or photographed by

individual item or by category, and shall describe each item and

category with reasonable particularity.

3. The party issuing a subpoena duces tecum as provided hereinabove

shall at the same time serve a copy of the subpoena upon all other

parties and, within five days of compliance therewith, in whole or in

part, give to each party notice that the items produced in response

thereto are available for inspection and copying, specifying the time

and place thereof.

4. Nothing contained in this section shall be construed to change the

requirement of section 2307 that a subpoena duces tecum to be served

upon a library or a department or bureau of a municipal corporation, or

of the state, or an officer thereof, requires a motion made on notice to

the library, department, bureau or officer, and the adverse party, to a

justice of the supreme court or a judge of the court in which the action

is triable.