§ 3104. Supervision of disclosure.

353 words·~2 min read·/ny/civil-practice-law-rules/disclosure/3104·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Motion for, and extent of,

supervision of disclosure. Upon the motion of any party or witness on

notice to all parties or on its own initiative without notice, the court

in which an action is pending may by one of its judges or a referee

supervise all or part of any disclosure procedure.

(b)Selection of referee. A judicial hearing officer may be designated

as a referee under this section, or the court may permit all of the

parties in an action to stipulate that a named attorney may act as

referee. In such latter event, the stipulation shall provide for payment

of his fees which shall, unless otherwise agreed, be taxed as

disbursements.

(c)Powers of referee; motions referred to person supervising

disclosure. A referee under this section shall have all the powers of

the court under this article except the power to relieve himself of his

duties, to appoint a successor, or to adjudge any person guilty of

contempt. All motions or applications made under this article shall be

returnable before the judge or referee, designated under this section

and after disposition, if requested by any party, his order shall be

filed in the office of the clerk.

(d)Review of order of referee. Any party or witness may apply for

review of an order made under this section by a referee. The application

shall be by motion made in the court in which the action is pending

within five days after the order is made. Service of a notice of motion

for review shall suspend disclosure of the particular matter in dispute.

If the question raised by the motion may affect the rights of a witness,

notice shall be served on him personally or by mail at his last known

address. It shall set forth succinctly the order complained of, the

reason it is objectionable and the relief demanded.

(e)Payment of expenses of referee. Except where a judicial hearing

officer has been designated a referee hereunder, the court may make an

appropriate order for the payment of the reasonable expenses of the

referee.