§ 7561. Use of depositions; enforcement of discovery procedures. (a) On application of a party to the arbitration, the chairperson may permit the deposition of a witness to be used as evidence, in accordance with the provisions of rule three thousand one hundred seventeen of this chapter.

Terms Used In N.Y. Civil Practice Law and Rules 7561

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(b) Depositions shall be taken in the manner prescribed by law for the taking of depositions in civil actions.

(c) The chairperson may enforce the failure of parties to comply with applicable discovery obligations in the same manner as a court, pursuant to section three thousand one hundred twenty-six of this chapter, including through the imposition of costs, payable to the arbitration fund, provided, however, that the chairperson shall not have the power to find a party in contempt.