Governor Andrew Cuomo has signed an Office of Court Administration bill designed to prevent discovery abuse by specifically permitting nonparties to object to a subpoena. The measure, which is effective immediately, applies to all pending and future matters.
The bill, A6554/S4850, was introduced at the request of Chief Administrative Judge A. Gail Prudenti and her Advisory Committee on Civil Practice to create a "procedural mechanism" through which a nonparty could object to a subpoena. According to a bill, §3103(a) has allowed parties and any person "from whom" discovery is sought to request a protective order. The amendment expands the remedy of a protective order to those "about whom" discovery is sought.
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