S 10374 NY
Relates to proper procedures for remote depositions
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Summary
This bill updates procedures for remote depositions conducted by telephone or other electronic means. The location of a remote deposition is deemed to be where the deponent answers questions, not where other parties are located. The person administering the oath need not be physically present with the deponent and may administer the oath remotely if they can see and hear the deponent taking the oath. If the oath is taken outside New York, either the oath administrator must be authorized to administer oaths in that location, or the deponent must acknowledge understanding that the testimony is under penalty of perjury under New York law. Additional costs of conducting remote depositions are borne by the party requesting remote deposition. The bill allows parties to stipulate to alternative procedures for remote depositions and allows non-deponent parties to participate remotely in in-person depositions at their own expense. The bill takes effect January 1 following enactment.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Relates to proper procedures for remote depositions including location, and the administration of the oath.
Sponsor (1)
- Luis R. Sepúlveda Democratic · primary
Action history (1)
- May 15, 2026 REFERRED TO JUDICIARY · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10374 Summary: BILL NO S10374   SAME AS No Same As   SPONSOR SEPULVEDA   COSPNSR   MLTSPNSR   Amd R3113, CPLR   Relates to proper procedures for remote depositions including location, and the administration of the oath.
Go to top S10374 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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