New York S 10374: Relates to proper procedures for remote depositions

Bill Text

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S10374 Summary:

BILL NOS10374 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd R3113, CPLR

&nbsp

Relates to proper procedures for remote depositions including location, and the administration of the oath.

Go to top S10374 Actions:

BILL NOS10374 

&nbsp

05/15/2026REFERRED TO JUDICIARY

Go to topS10374 Committee&nbspVotes:

Go to topS10374 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10374 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10374

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to remote
 depositions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (d) of rule 3113 of the civil practice law and
 2 rules, as added by chapter 66 of the laws of 2004, is amended to read as
 3 follows:
 4 (d) [The parties may stipulate that a] A deposition may be taken
 5 remotely by telephone or other [remote] electronic means [and that a
 6 party may participate electronically]. The [stipulation] notice under
 7 rule 3107 shall designate reasonable provisions to ensure that an accu-
 8 rate record of the deposition is generated, and shall specify[, if
 9 appropriate,] reasonable provisions for the use of exhibits at the depo-
 10 sition[; shall specify who must and who may physically be present at the
 11 deposition; and shall provide for any other provisions appropriate under
 12 the circumstances]. [Unless otherwise stipulated to by the parties, the
 13 officer] The place of a remote deposition is deemed to be the location
 14 where the deponent answers the questions. The person administering the
 15 oath [shall] need not be physically present with the deponent at the
 16 place of the deposition and [the] may administer the oath remotely,
 17 provided that the person administering the oath can see and hear the
 18 person taking the oath; and, if the oath is taken outside of this state,
 19 either (1) the person administering the oath is authorized to administer
 20 oaths in the place where the deponent answers the questions, or (2) the
 21 deponent acknowledges that the deponent understands that the testimony
 22 or statement being made is true under penalties of perjury of the laws
 23 of the state of New York. Any additional costs of conducting the deposi-
 24 tion [by telephonic or other remote electronic means, such as telephone
 25 charges,] remotely shall be borne by the party requesting that the depo-
 26 sition be conducted by such means. Unless the court orders otherwise,
 27 the parties and the deponent may stipulate to any alternative procedures
 28 for depositions taken remotely, including alternative procedures for

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15881-01-6

 S. 10374 2

 1 administering the oath. Any party may, at their own expense, attend and
 2 participate in a remote deposition in person at the same location as the
 3 deponent. In any deposition that is not being taken remotely, any party,
 4 other than the deponent, may participate remotely, provided that the
 5 remote participant bears any additional cost or expense associated with
 6 such participation.
 7 § 2. This act shall take effect on the first of January next succeed-
 8 ing the date on which it shall have become a law and shall apply to
 9 depositions occurring on or after such effective date.

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