6 New York Civil Practice: CPLR P 3120.00

Summary

CPLR 3120, which was substantially amended in 2003, governs disclosure “of documents and things for inspection, testing, copying, or photographing” from both parties and nonparties. It also permits inspection of “designated land or other property.” Disclosure under CPLR 3120 can be obtained any time after commencement of an action by service of a notice upon a party or by service of a subpoena duces tecum upon a nonparty. CPLR 3120(1) (see CPLR 2303(a)). The notice or subpoena must supply at least 20 days’ notice. CPLR 3120(2) (see CPLR 2103(b)(2)). The 2003 version of CPLR 3120 eliminates: (1) the prior distinction between discovery of documents from a party and a nonparty; and (2) the prior requirement that in the absence of a nonparty deposition (see CPLR 3106(b), CPLR 3107, and CPLR 3111), a party must secure a court order to obtain CPLR 3120 disclosure from a nonparty. Service of a subpoena duces tecum is now the vehicle for obtaining the items listed in CPLR 3120 from a nonparty.