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S05077 Summary:

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S05077 Floor Votes:

S05077 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5077
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       May 8, 2013
                                       ___________
 
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- 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 conduct
          of the examination before trial
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (c) of rule 3113 of the civil practice law  and
     2  rules is amended to read as follows:
     3    (c)  Examination and cross-examination. Examination and cross-examina-
     4  tion of deponents shall proceed as permitted in the trial of actions  in
     5  open  court,  except that a non-party deponent's counsel may participate
     6  in the deposition and make objections on behalf of his or her client  in
     7  the  same manner as counsel for a party.  When the deposition of a party
     8  is taken at the instance of an adverse party, the deponent may be cross-
     9  examined by his or her own attorney.    Cross-examination  need  not  be
    10  limited to the subject matter of the examination in chief.

    11    §  2.  This  act  shall take effect immediately and shall apply to all
    12  actions pending on such effective date or commenced  on  or  after  such
    13  effective date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09842-01-3