STATE OF NEW YORK
       ________________________________________________________________________
 
                                          135
 
                              2001-2002 Regular Sessions
 
                    IN SENATE
 
                                      (Prefiled)
 
                                    January 3, 2001
                                      ___________
 
       Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
 
       AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
         conducting depositions by telephone or other remote electronic means
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Rule 3113 of the civil practice law and rules is amended by
    2  adding a new subdivision (d) to read as follows:
    3    (d) The parties may stipulate or the court may  upon  application  and
    4  notice  to  the parties order that a deposition be taken by telephone or
    5  other remote electronic means and that a party may participate electron-
    6  ically, provided that no such order shall deprive a party of  the  right
    7  to  take a deposition of a person at a place specified in rule 3110, nor
    8  shall it entitle the witness, over the objection of any of  the  parties
    9  to  appear  for  a deposition at a place other than as specified in rule
   10  3110.  The order or stipulation shall designate reasonable provisions to
   11  ensure that an accurate record of the  deposition  is  generated,  shall
   12  specify,  if  appropriate, reasonable provisions for the use of exhibits
   13  at the deposition; shall specify who must  and  who  may  physically  be
   14  present  at  the  deposition; and shall provide for any other provisions
   15  appropriate under the circumstances. Unless otherwise stipulated  to  by
   16  the  parties,  the  officer  administering  the oath shall be physically
   17  present at the place of the  deposition  and  the  additional  costs  of
   18  conducting  the  deposition  by  telephonic  or  other remote electronic
   19  means, such as telephone charges, shall be borne by the party requesting
   20  that the deposition be conducted by such means.
   21    § 2. This act shall take effect on  the  first  day  of  January  next
   22  succeeding the date on which it shall have become a law.
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02646-02-1

 
BILL NUMBER: S135
 
SPONSOR: VOLKER

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to conducting depositions by telephone or other remote elec-
tronic means
 
 
PURPOSE:  To create a procedure to permit parties to a civil lawsuit
to conduct depositions by telephone or other electronic means.
 
 
SUMMARY OF PROVISIONS:  Permits the parties to a lawsuit to agree to
conduct depositions by telephone or other remote electronic means.
Authorizes a Judge to order the conducting of depositions by telephone
or other remote electronic means. Specifies the procedures to be
followed and who shall bear the cost.
 
 
JUSTIFICATION:  With the many technological advances in communi-
cations, parties to a civil action should be able to utilize technology
to make pretrial discovery as efficient and cost effective as possible.
This legislation sets forth a procedure to utilize remote electronic
means and telephones for the conducting of depositions. In the appropri-
ate case, this can speed the disposition of cases and save the litigants
travel and other expenses of pretrial discovery.
 
 
LEGISLATIVE HISTORY:  1999-00, S .3524-A/A. 8208-A, passed Senate.
1998, S.7664/A.1100l Rules (Lentol)
 
 
FISCAL IMPLICATIONS:  None, possible savings to the State and Local
Governments if litigation costs can be reduced.
 
 
EFFECTIVE DATE:  January 1 next succeeding the date on which it shall
have become law.