WeVote
Log In

Bill

Bill

S 10374

Relates to proper procedures for remote depositions

2025 Regular Session Introduced by Luis Sepúlveda

The bill formally allows remote depositions by electronic means, clarifying oath administration, record reliability, and cost allocation for parties choosing remote participation.

REFERRED TO JUDICIARY
0
WeVote Research Nonpartisan
Bill Summary · S 10374

Overview

S. 10374 proposes updates to New York’s civil practice rules to formalize and clarify the use of remote depositions. The bill allows remote depositions by telephone or other electronic means, outlines procedures for administering oaths, cost allocation, and stipulates how exhibits and participation may occur. It takes effect January 1 following enactment and applies to depositions on or after that date.

Purpose and Intent

  • Modernize deposition procedures to accommodate remote participation.
  • Ensure a reliable, admissible, and auditable record of remote depositions.
  • Clarify who bears costs when depositions are conducted remotely.
  • Provide flexibility for parties to adopt alternative remote-deposition procedures through agreement unless court order says otherwise.

Key Provisions and Changes

  • Allow remote depositions: Depositions may be taken remotely by telephone or other remote electronic means. A party may participate electronically.
  • Notice requirements: The notice under Rule 3107 must designate reasonable provisions to ensure an accurate record and address use of exhibits, who must or may be physically present, and other circumstances.
  • Place and oath administration:
    • The place of a remote deposition is deemed to be the location where the deponent answers questions.
    • The individual administering the oath need not be physically with the deponent, so long as they can see and hear the deponent.
    • If the deposition occurs outside New York, either the oath administrator must be authorized to administer oaths in the place where the deponent answers, or the deponent must acknowledge under penalties of perjury that the testimony is true under New York law.
  • Cost allocation: Any additional costs of conducting the deposition remotely (e.g., telephone charges) shall be borne by the party requesting remote deposition.
  • Flexibility and stipulations:
    • Absent a stipulation, the court may set reasonable procedures for remote depositions.
    • Parties may agree to alternative procedures for administering the oath or other remote-deposition considerations.
  • In-person participation option:
    • Any party may attend and participate in a remote deposition in person at the same location as the deponent, at their own expense.
  • Remote participation in non-remote depositions:
    • In non-remote depositions, any party other than the deponent may participate remotely, with the remote participant bearing any additional costs or expenses of that participation.

Who Is Affected

  • Plaintiffs, defendants, attorneys, and other witnesses involved in civil depositions in New York.
  • Court reporters, oath administrators, and deposition service providers.
  • Any party seeking to conduct or participate in remote depositions, and any party incurring remote-deposition costs.

Procedural and Timeline Aspects

  • Effective date: January 1 following enactment.
  • Application: Applies to depositions conducted on or after the effective date.
  • Process: Requires designation of remote-procedure provisions in the deposition notice; permits party agreement on remote-procedure specifics; allows court interventions if necessary.

Practical Implications

  • Increased flexibility for litigation teams to conduct depositions without in-person presence.
  • Clear guidance on the administration of oaths and the location deemed as the deposition place.
  • Clear cost-shifting rules to discourage unnecessary remote-deposition expenses being borne by requesting parties.
  • Potentially smoother handling of international or out-of-state depositions (with oath and jurisdiction considerations).

If you’d like, I can map these provisions to a side-by-side comparison with current NY CPLR rules or craft a quick briefing for practitioners outlining practical steps to implement remote depositions under this bill.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.