N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.20-d - Depositions of Entities; Identification of Matters
(a) A notice or subpoena may name as a
deponent a corporation, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government, or governmental
subdivision, agency or instrumentality, or any other legal or commercial
entity.
(b) Notices and subpoenas
directed to an entity may enumerate the matters upon which the person is to be
examined, and if so enumerated, the matters must be described with reasonable
particularity.
(c) If the notice or
subpoena to an entity does not identify a particular officer, director, member
or employee of the entity, but elects to set forth the matters for examination
as contemplated in section (b) of this Rule, then no later than ten days prior
to the scheduled deposition:
(1) the named
entity must designate one or more officers, directors, members or employees, or
other individual(s) who consent to testify on its behalf;
(2) such designation must include the
identity, description or title of such individual(s); and
(3) if the named entity designates more than
one individual, it must set out the matters on which each individual will
testify.
(d) If the
notice or subpoena to an entity does identify a particular officer, director,
member or employee of the entity, but elects to set forth the matters for
examination as contemplated in section (b) of this Rule, then:
(1) pursuant to CPLR 3106(d), the named
entity shall produce the individual so designated unless it shall have, no
later than ten days prior to the scheduled deposition, notified the requesting
party that another individual would instead be produced and the identity,
description or title of such individual is specified. If timely notification
has been so given, such other individual shall instead be produced;
(2) pursuant to CPLR 3106(d), a notice or
subpoena that names a particular officer, director, member, or employee of the
entity shall include in the notice or subpoena served upon such entity the
identity, description or title of such individual; and
(3) if the named entity, pursuant to
subsection (d)(1) of this Rule, cross-designates more than one individual, it
must set out the matters on which each individual will testify.
(e) A subpoena must advise a
nonparty entity of its duty to make the designations discussed in this
Rule.
(f) The individual(s)
designated must testify about information known or reasonably available to the
entity.
(g) Deposition testimony
given pursuant to this Rule shall be usable against the entity on whose behalf
the testimony is given to the same extent provided in CPLR 3117(2) and the
applicable rules of evidence.
(h)
This Rule does not preclude a deposition by any other procedure allowed by the
CPLR.
Notes
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