N.Y. Civil Practice Law & Rules § 3122: Objection to disclosure, inspection or examination; compliance

Rule 3122. Objection to disclosure, inspection or examination;

compliance. (a) 1. Within twenty days of service of a notice or subpoena

duces tecum under rule 3120 or section 3121, the party or person to whom

the notice or subpoena duces tecum is directed, if that party or person

objects to the disclosure, inspection or examination, shall serve a

response which shall state with reasonable particularity the reasons for

each objection. If objection is made to part of an item or category, the

part shall be specified. The party seeking disclosure under rule 3120 or

section 3121 may move for an order under rule 3124 or section 2308 with

respect to any objection to, or other failure 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 with a subpoena duces tecum, other than a

trial subpoena issued by a court, requesting the production of a

patient's medical records pursuant to this rule need not respond or

object to the subpoena if the subpoena is not accompanied by a written

authorization by the patient. Any subpoena served upon a medical

provider requesting the medical records of a patient shall state in

conspicuous bold-faced type that the records shall not be provided

unless the subpoena is accompanied by a written authorization by the

patient, or the court has issued the subpoena or otherwise directed the

production of the documents.

(b) Whenever a person is required pursuant to such a notice, subpoena

duces tecum or order to produce documents for inspection, and where such

person withholds one or more documents that appear to be within the

category of the documents required by the notice, subpoena duces tecum

or order to be produced, such person shall give notice to the party

seeking the production and inspection of the documents that one or more

such documents are being withheld. This notice shall indicate the legal

ground for withholding each such document, and shall provide the

following information as to each such document, unless the party

withholding the document states that divulgence of such information

would cause disclosure of the allegedly privileged information: (1) the

type of document; (2) the general subject matter of the document; (3)

the date of the document; and (4) such other information as is

sufficient to identify the document for a subpoena duces tecum.

(c) Whenever a person is required pursuant to such notice or order to

produce documents for inspection, that person shall produce them as they

are kept in the regular course of business or shall organize and label

them to correspond to the categories in the request.

(d) Unless the subpoena duces tecum directs the production of original

documents for 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 copies of the items to

be produced. The reasonable production expenses of a non-party witness

shall be defrayed by the party seeking discovery.