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Unlike Vermont which has recently amended their own version of the UIDDA statute which now explicitly states that the statute also applies to pro se litigants, the New York version of the UIDDA (CPLR 3119) does not explicitly state this.

Does this mean that pro se litigants from another state are not allowed to depose in NY?

New York CPLR 3319 - https://law.justia.com/codes/new-york/2018/cvp/article-31/3119/

Vermont 45(f)(3) - https://www.vermontjudiciary.org/sites/default/files/documents/PROMULGATED%20VRCP%2045.pdf

  • Could you post the link to the specific statutes/excerpts involved? Non-attorney pro se litigants generally are not exempt of having to comply with procedural or substantive law. The fact that this is made explicit in one jurisdiction does not imply that it is optional elsewhere. – Iñaki Viggers Oct 8 at 11:26
  • Of course. The link to the vermont statute actually explains on page 4 that the changes were made to clarify that the statute applies to pro se litigants as well. – Gill Hamel Oct 8 at 11:42
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Does this mean that pro se litigants from another state are not allowed to depose in NY?

No. The only difference is that only attorneys who licensed to practice in NY are allowed to issue subpoenas in NY (see CPLR 3119 (b)(4)). The statute only addresses (or constrains) the issuance of subpoenas. But issuing a subpoena for deposition is different than taking a --or testifying at-- deposition.

  • Ok. So it be clear: It is fair to assume, without the statue explicitly mentioning it, that foreign state pro se litigants are allowed to take depositions in NY? – Gill Hamel Oct 8 at 12:28
  • @GillHamel Yes. I am unsure of whether a non-attorney litigant may conduct a deposition on behalf of other(s), but a pro se litigant (that is, litigating his own case) is allowed to conduct depositions and/or testify at deposition in NY or other states. – Iñaki Viggers Oct 8 at 12:46

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