The notice or subpoena may require the production of books, papers and other things in the possession, custody or control of the person to be examined to be marked as exhibits, and used on the examination. The reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery.
R 3111.Production of things at the examination.
Article 31. Disclosure · Last amended 1994 · Last verified July 21, 2026
In one sentenceCPLR 3111 authorizes a deposition notice or subpoena to require the witness to bring books, papers, and other things to be marked as exhibits and used during the examination, and puts the cost of a non-party witness's production on the party seeking the discovery.
Full Text of CPLR 3111
Plain-English Summary
This rule pairs document production with deposition testimony in a single step. A notice or subpoena can direct the person being examined to bring specified books, papers, or other things that are in their possession, custody, or control, so those items can be marked as exhibits and used right there at the examination rather than exchanged separately beforehand. That combination lets counsel question a witness about a document while it is in front of them, instead of running a document request and a deposition as two disconnected tracks.
The rule also allocates the cost of that production when the witness is not a party to the case. Gathering, copying, and bringing responsive materials can be a real burden for a non-party, and the statute puts that reasonable expense on the party who is seeking the discovery rather than on the witness who has no stake in the outcome. This dovetails with the broader protective framework in section 3103, which gives a non-party a route to seek relief if a production demand becomes disproportionate to what the case requires.
Frequently Asked Questions
Can a deposition notice require the witness to bring documents in New York?
Yes. CPLR 3111 lets a notice or subpoena require production of books, papers, and other things in the witness's possession, custody, or control, to be marked as exhibits and used at the examination.
Who pays for a non-party witness's document production at a deposition in New York?
The party seeking the discovery. The rule requires that party to defray the non-party witness's reasonable production expenses.
Do I have to bring documents to a deposition if I'm just a witness, not a party?
Only what the notice or subpoena specifically requires, and only if it is in your possession, custody, or control. Reasonable costs of gathering and producing that material must be covered by the party who sought it.
Can documents produced at a deposition be used later in the case?
Yes, once marked as exhibits during the examination they become part of the deposition record. CPLR 3116(c) governs how those exhibits are annexed to, or returned with, the deposition transcript afterward.
What's the difference between CPLR 3111 and a document demand under CPLR 3120?
Section 3111 ties document production to a specific deposition, letting a witness bring materials to the examination itself, while section 3120 governs stand-alone demands for inspection and discovery of documents or property outside the deposition context.
Advisory Committee Notes
This rule is based upon CPA §§ 290 and 296. The reference to things is new. The language “disclosed, marked as exhibits, and used on the examination,” has been inserted upon suggestion of the Joint Committee on the CPA, which was opposed to perpetuating the solecism formerly contained in CPA § 296 which related to the reception of documents “in evidence” upon a deposition. The phrase “in the possession, custody or control of the person to be examined” has been added for the sake of clarity.
1994 Recommendations of Advisory Committee on Civil Practice:
The Committee recommends that CPLR 3111 be amended to provide that the reasonable production expenses of a non-party witness shall be defrayed by the party seeking the discovery.
Where a non-party witness is required to produce information for discovery pursuant to CPLR 3120(b), the witness may rely upon a specific provision that the order must provide for the defraying of the non-party’s expenses. However, where a non-party witness, subpoenaed under CPLR 3016, is required to produce records, even if voluminous, under CPLR 3111, there is no counterpart provision to reimburse the witness for his or her expenses incurred in complying with the required production. It is inappropriate and burdensome in such case, where the party demanding discovery does not agree reasonabley to reimburse the witness, to require the witness to resort to an application under CPLR 3103 for a protective order.
The Committee believes that the most appropriate method to assure non-party witnesses protection against incurring unreimbursed expenses, which can be considerable, in an effort to comply with discovery, is to harmonize CPLR 3111 with CPLR 3120(b) by explicitly providing that reasonable production expenses must be defrayed, even in the deposition setting. This would establish a general rule that would avoid applications to court in most instances, leaving both the parties and non-party witness free to seek judicial relief if necessary under CPLR 3103 or 3124.
Amendment History
Add, L 1962, ch 308; amd, L 1994, ch 100, § 3, eff May 16, 1994.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: bring documents to deposition New Yorknon-party production expenses deposition New Yorksubpoena duces tecum deposition New Yorkdeposition exhibits New York