6 New York Civil Practice: CPLR P 3110.00

Summary

CPLR 3110 contains the formula for determining the venue of the deposition. Normally, a lawyer will want to conduct a deposition in the friendly confines of his or her own law office. CPLR 3110 will often limit a lawyer’s ability to do so.

When the person to be examined is “a party or an officer, director, member, or employee of a party,” the deposition can be conducted within: (a) a county in which the deponent resides; (b) a county in which the deponent has an office “for the regular transaction of business in person”; or (c) the county in which the action is pending. CPLR 3110(1).

The choices for venue narrow when the deponent is not a party or agent of a party, as listed in CPLR 3101(a)(1). In these instances, if the deponent is a resident of New York, he or she may be examined within: (a) a county in which he or she resides; or (b) a county in which he or she is regularly employed or has an office “for the regular transaction of business in person.” CPLR 3110(2). If the deponent is ...