PROPOSAL BY THE CPLR COMMITTEE OF THE NYSBA TO AMEND CPLR 3101(i)

AN ACT to amend the Civil Practice Law and Rules in relation to the timing of disclosure of films, photographs, video or audio recordings created after the commencement of the action.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Subdivision (i) of Section 3101 of the civil practice law and rules is amended to read as follows:

(i) In addition to any other matter which may be subject to disclosure, there shall be full disclosure of any films, photographs, video tapes or audio tapes recordings in whatever medium, including transcripts or memoranda thereof, involving a person referred to in paragraph one of subdivision (a) of this section. There shall be disclosure of all portions of such material, including out-takes, rather than only those portions a party intends to use. A party shall not be compelled to disclose any such material created after commencement of the action until such party has had a full and fair opportunity to depose the person depicted therein unless the court orders otherwise for good cause shown. The provisions of this subdivision shall not apply to materials compiled for law enforcement purposes which are exempt from disclosure under section eighty-seven of the public officers law.

§ 2. This act shall take effect immediately and shall be effective as to all actions then pending and all actions commenced on that date or thereafter.