6 New York Civil Practice: CPLR P 3111.00
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Summary
CPLR 3111 provides that the deposition notice served on a party (see CPLR 3107) or the subpoena served on a nonparty (see CPLR 3106(b)) may require the production of “books, papers, and other things in the possession, custody, or control of the person to be examined” that will be marked as exhibits and used at the deposition. If a nonparty is required to produce these items, the reasonable production expenses must be paid by the party seeking disclosure. See also CPLR 3122(d). There is no stated procedure for obtaining the production expenses, but a nonparty should be able to require payment before tendering the materials. Documents and other things that will not be used at the examination can be obtained through CPLR 3120. In addition, items that are not in the custody or control of the deponent can be obtained by CPLR 3120. The scope of a request under CPLR 3111 may, however, be broader than a request under CPLR 3120. See ¶ 3111.03 below. The description of the items sought under ...