A3196 Calhoun (MS)
No Same as
Civil Practice Law and Rules
TITLE....Prohibits discovery of a witness' identity or address prior to trial
| | | |
| 01/30/01 | referred to codes |
| 01/09/02 | referred to codes |
| 05/21/02 | held for consideration in codes |
CALHOUN; M-S: Little
Amd S3102, CPLR
Prohibits the discovery, by a subpoena duces tecum, of an adversary witness'
identity or
address prior to trial; prevents the early disclosure of names and addresses
of adversary witnesses.
RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
3196
2001-2002 Regular Sessions
IN ASSEMBLY
January 30, 2001
___________
Introduced by M. of A. CALHOUN -- Multi-Sponsored by -- M. of A. LITTLE
-- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to
preventing the premature disclosure of witness' names and addresses
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 3102 of the civil practice law and rules is amended
2 by adding a new subdivision (g) to read as follows:
3 (g) Premature disclosure of witnesses. Notwithstanding any provision
4 of law to the contrary, neither the identity or address of an adver-
5 sary's witness is discoverable prior to the time of trial, with the use
6 of a subpoena duces tecum.
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07946-01-1
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(e)
RETRIEVE BILL
BILL NUMBER: A3196
SPONSOR: Calhoun (MS)
TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to preventing the premature disclosure of witness' names and
addresses
PURPOSE:
To prevent early disclosure of names and addresses of witnesses.
SUMMARY OF PROVISIONS:
Amends Section 3102 of Civil Practice Law and Rules with a new subdivi-
sion "g" to read: g. Premature disclosure of witnesses. Notwithstanding
any provision of law to the contrary, neither the identity or address of
an adversary's witness is discoverable prior to the time of trial, with
the use of subpoena duces tecum.
JUSTIFICATION:
This is a 1988 recommendation of the New York State Law Enforcement
Council.
LEGISLATIVE HISTORY:
1991-92: S.408
1993-94: S.121
1998: A.2800 Referred to Codes.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.