What's happening
This bill allows depositions in New York to be taken and attended remotely by electronic means.
Why it matters
Statewide access and flexibility. The bill applies to all of New York, making it easier for parties in civil litigation—including those in rural areas or with mobility or scheduling challenges—to participate in depositions by allowing them to be conducted and attended remotely.
Reduced logistical and financial burden. By permitting oaths to be administered remotely and specifying that extra costs for remote depositions are paid by the requesting party, the bill reduces the need for travel and in-person arrangements, potentially saving time and money for legal professionals, witnesses, and parties.
Modernizes legal procedure. This change represents a significant update to existing law, shifting from in-person or party-stipulated remote depositions to remote depositions as a standard option, and clarifies procedures for administering oaths and handling exhibits, which could make the legal process more efficient and resilient to disruptions (such as public health emergencies).
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Who cares
Attorneys and Law Firms
They are directly impacted as the bill revises procedures and flexibility for taking depositions remotely, potentially affecting how they prepare, conduct, and attend depositions.
Litigants/Parties to Civil Lawsuits
Plaintiffs and defendants in New York civil cases may benefit from increased convenience, reduced travel, and lower costs, but may also bear new expenses if they request remote depositions.
Court Reporters and Notaries
These professionals will need to adapt to remote administration of oaths and record-keeping, possibly changing their workflow and requirements for witnessing depositions.
Judiciary/Court System
Judges and court administrators are stakeholders as the bill clarifies rules for remote depositions, which could impact courtroom management, access to justice, and enforcement of procedural fairness.
Headline styles
Standardize Remote Depositions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Subdivision (d) of rule 3113 of the civil practice law and rules, as added by chapter 66 of the laws of 2004, is amended to read as follows:
(d) [The parties may stipulate that a] A deposition may be taken remotely by telephone or other [remote] electronic means [and that a party may participate electronically]. The [stipulation] notice under rule 3107 shall designate reasonable provisions to ensure that an accurate record of the deposition is generated, and shall specify[, if appropriate,] reasonable provisions for the use of exhibits at the deposition[; shall specify who must and who may physically be present at the deposition; and shall provide for any other provisions appropriate under the circumstances]. [Unless otherwise stipulated to by the parties, the officer] The place of a remote deposition is deemed to be the location where the deponent answers the questions. The person administering the oath [shall] need not be physically present with the deponent at the place of the deposition and [the] may administer the oath remotely, provided that the person administering the oath can see and hear the person taking the oath; and, if the oath is taken outside of this state, either (1) the person administering the oath is authorized to administer oaths in the place where the deponent answers the questions, or (2) the deponent acknowledges that the deponent understands that the testimony or statement being made is true under penalties of perjury of the laws of the state of New York. Any additional costs of conducting the deposition [by telephonic or other remote electronic means, such as telephone charges,] remotely shall be borne by the party requesting that the deposition be conducted by such means. Unless the court orders otherwise, the parties and the deponent may stipulate to any alternative procedures 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
administering the oath. Any party may, at their own expense, attend and participate in a remote deposition in person at the same location as the deponent. In any deposition that is not being taken remotely, any party, other than the deponent, may participate remotely, provided that the remote participant bears any additional cost or expense associated with such participation.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to depositions occurring on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to remote depositions
Purpose
To permit parties to notice dispositions to be conducted remotely by telephone or other electronic means.
Summary of provisions
Section 1. Amends subdivision (d) of rule 3113 of the civil practice law and rules.
Read the full memo (660 words)
Section 2. Sets forth the effective date.
Justification
This bill amends CPLR 311(d) to penult parties to notice dispositions to be conducted remotely by telephone or other electronic means. The stat- ute currently requires the stipulation of all parties in order for a disposition to be conducted remotely or for a party to participate remotely in an in-person deposition. The proliferation of remotely conducted depositions via platforms such as Zoom and Microsoft Teams during the COVID-19 pandemic has demonstrated to litigators the poten- tial benefits of remote depositions in terms of convenience and savings in time and expense. The experience with remote depositions during the pandemic warrants a change that would permit them to be conducted with- out requiring all parties to stipulate thereto.
This measure would permit a party to serve a notice of deposition to be conducted via remote means. Like the requirement of the stipulation under the current rule, the notice would have to designate reasonable provisions to ensure that an accurate record is generated and would have to specify reasonable provisions for the use of exhibits during the deposition.
In addition, the amendment answers various practical questions raised by the circumstances of a remote deposition, during which the witness and the parties may be in different locations. It provides that the place of a remote deposition is deemed to be the location where the deponent answers the questions. It provides that the person administering the oath need not be physically present at the location and may administer the oath electronically, provided that this person can see and hear the deponent and that the person administering the oath is authorized to do so in the place where the deponent answers the questions, or that the deponent acknowledges that they understand the testimony is true under penalties of perjury of the laws of New York. This measure further provides that the parties and the deponent may stipulate to alternative procedures, including alternatives for administering the oath.
Under this measure, rule 3113 continues to provide that any additional costs are to be borne by the party seeking to have the deposition conducted remotely. However, because attorneys participating in deposi- tions may, for any number of reasons, not want to participate remotely and may prefer to be in the room with the witness, the amendment provides that "any party may, at their own expense attend and partic- ipate in a remote deposition in person at the same location as the depo- nent." Similarly, because there are many instances in which parties may determine that they do not need to attend in-person a deposition that is not being conducted remotely - such as distance, time or travel costs - the amendment provides that "in any deposition that is not being remote- ly, any party, other than the deponent, may participate remotely, provided that the remote participant bears any additional cost or expense associated with such participation." The provisions in the proposed amendment permitting any party to attend remote depositions in-person and permitting any party to attend in-person depositions remotely, each at their own expense, strikes a balance that is far and reasonable to all litigants under any applicable circumstances.
It should further be noted that nothing in this measure would in any way alter or impair a party's right to object to a deposition which is noticed to be in-person.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to depositions occurring on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.