STATE OF NEW YORK
________________________________________________________________________
10374
IN SENATE
May 15, 2026
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to remote
depositions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (d) of rule 3113 of the civil practice law and
2 rules, as added by chapter 66 of the laws of 2004, is amended to read as
3 follows:
4 (d) [The parties may stipulate that a] A deposition may be taken
5 remotely by telephone or other [remote] electronic means [and that a
6 party may participate electronically]. The [stipulation] notice under
7 rule 3107 shall designate reasonable provisions to ensure that an accu-
8 rate record of the deposition is generated, and shall specify[, if
9 appropriate,] reasonable provisions for the use of exhibits at the depo-
10 sition[; shall specify who must and who may physically be present at the
11 deposition; and shall provide for any other provisions appropriate under
12 the circumstances]. [Unless otherwise stipulated to by the parties, the
13 officer] The place of a remote deposition is deemed to be the location
14 where the deponent answers the questions. The person administering the
15 oath [shall] need not be physically present with the deponent at the
16 place of the deposition and [the] may administer the oath remotely,
17 provided that the person administering the oath can see and hear the
18 person taking the oath; and, if the oath is taken outside of this state,
19 either (1) the person administering the oath is authorized to administer
20 oaths in the place where the deponent answers the questions, or (2) the
21 deponent acknowledges that the deponent understands that the testimony
22 or statement being made is true under penalties of perjury of the laws
23 of the state of New York. Any additional costs of conducting the deposi-
24 tion [by telephonic or other remote electronic means, such as telephone
25 charges,] remotely shall be borne by the party requesting that the depo-
26 sition be conducted by such means. Unless the court orders otherwise,
27 the parties and the deponent may stipulate to any alternative procedures
28 for depositions taken remotely, including alternative procedures for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15881-01-6
S. 10374 2
1 administering the oath. Any party may, at their own expense, attend and
2 participate in a remote deposition in person at the same location as the
3 deponent. In any deposition that is not being taken remotely, any party,
4 other than the deponent, may participate remotely, provided that the
5 remote participant bears any additional cost or expense associated with
6 such participation.
7 § 2. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law and shall apply to
9 depositions occurring on or after such effective date.
