Disclosure

§ 1101. Disclosure.

(a) CPLR applicable. The procedures set forth in the CPLR relative to disclosure, bill of particulars and the procuring of a copy of the items of an account, shall govern in this court, subject to paragraph (b).

(b) Parties and non-parties. All notices, orders, subpoenas and other papers relating to disclosure:

1. by a party, may be served in any part of the county or any adjoining county and shall be served by such means as would be permissible in the supreme court in a like instance;

2. by a person not a party, may be served and executed only within the county, unless the court shall find that the interests of justice require that service not be so limited, in which case the court may permit service as in paragraph one. Such permission may be granted only after motion on notice to all adverse parties.

(c) Protective order. The protective order provided for in CPLR § 3103 shall be available in this court with regard to all of the foregoing, and shall not be limited to the disclosure devices provided in article 31 of the CPLR.

(d) Extra-territorial disclosure. In any case where disclosure would be available in the supreme court in a like case, but is unavailable in this court by virtue of any territorial limitation upon its jurisdiction, the court may, upon motion on notice to all adverse parties, make an order to obtain disclosure from a source without the city, county or state by the use of any device to which the supreme court might resort to obtain disclosure from a source without the state.