§ 3119. Uniform interstate depositions and discovery. (a) Definitions.\nFor purposes of this section:\n (1) "Out-of-state subpoena" means a subpoena issued under authority of\na court of record of a state other than this state.\n (2) "Person" means an individual, corporation, business trust, estate,\ntrust, partnership, limited liability company, association, joint\nventure, public corporation, government, or governmental subdivision,\nagency or instrumentality, or any other legal or commercial entity.\n (3) "State" means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any\nterritory or insular possession subject to the jurisdiction of the\nUnited States.\n (4) "Subpoena" means a document, however denominated, issued under\nauthority of a court of record requiring a person to:\n (i) attend and give testimony at a deposition;\n (ii) produce and permit inspection and copying of designated books,\ndocuments, records, electronically stored information, or tangible\nthings in the possession, custody or control of the person; or\n (iii) permit inspection of premises under the control of the person.\n (5) "Legally protected health activity" shall have the same meaning as\ndefined by section 570.17 of the criminal procedure law.\n (6) "Gender-affirming care" shall have the same meaning as defined by\nsection 570.17 of the criminal procedure law.\n (7) "Reproductive health care" shall have the same meaning as defined\nby section 570.17 of the criminal procedure law.\n (b) Issuance of subpoena. (1) To request issuance of a subpoena under\nthis section, a party must submit an out-of-state subpoena to the county\nclerk in the county in which discovery is sought to be conducted in this\nstate. A request for the issuance of a subpoena under this section does\nnot constitute an appearance in the courts of this state except as\nprovided in subparagraph (iii) of paragraph two of this subdivision.\n (2) (i) Any request for the issuance of a subpoena under paragraph one\nof this subdivision and any subpoena issued under paragraph five of this\nsubdivision shall include an affirmation under penalty of perjury that\nsuch subpoena either:\n (A) is not related to any investigation or proceeding that seeks to\nimpose civil or criminal liability, professional sanctions, or any other\nlegal consequences upon a person for any legally protected health\nactivity; or\n (B) is related to such an investigation or proceeding, but falls\nwithin an exception provided in subparagraph (i) of paragraph one of\nsubdivision (g) of this section. Such affirmation shall identify which\nexception applies to the request.\n (ii) The chief administrator of the courts shall promulgate a\nstandardized form for any affirmation submitted pursuant to this\nparagraph.\n (iii) A party that submits a false affirmation pursuant to this\nsection shall be subject to the jurisdiction of the courts of this state\nfor any suit, penalties, or damages arising out of such false\naffirmation. A court shall assess a statutory penalty of fifteen\nthousand dollars per violation if the court finds such false affirmation\nwas made intentionally, knowingly, willingly or recklessly. This shall\nbe in addition to any other legal or equitable remedy lawfully\navailable. The attorney general may commence an action or special\nproceeding for damages and/or penalties against any party that submits a\nfalse affirmation pursuant to this subparagraph.\n (iv) Any action or special proceeding brought by the attorney general\npursuant to this paragraph shall be commenced within six years of either\n(A) the date on which the inquiry, investigation, subpoena, or summons\nthat such false affirmation accompanied was filed with the county clerk,\nfor subpoenas requested pursuant to paragraph one of this subdivision;\nor (B) the date on which the subpoena was issued, for subpoenas issued\npursuant to paragraph five of this subdivision.\n
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