Unless otherwise provided by rule of the chief administrator of the courts, the county in which a deposition is being taken or an examination or inspection is being sought may be treated by the moving party as the county in which the action is pending for purposes of section 3124.
R 3125.Place where motion to compel disclosure made
Article 31. Disclosure · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 3125 lets the party moving to compel treat the county where a deposition, examination, or inspection is taking place as the county where the action is pending for purposes of that motion.
Full Text of CPLR 3125
Plain-English Summary
Discovery doesn't always happen where the lawsuit was filed. A deposition might be taken across the state from the county where the case sits. CPLR 3125 solves the resulting venue puzzle for one narrow purpose: a motion to compel disclosure under CPLR 3124. The moving party can treat the county where the deposition, examination, or inspection is happening as if it were the county where the action is pending.
That flexibility matters when a witness balks mid-deposition, or an examination stalls over a scope dispute. Rather than forcing counsel back to the home county — potentially hours away — to get relief, the rule lets the fight happen where the discovery itself is unfolding, unless the chief administrator of the courts has set a different rule.
Frequently Asked Questions
Where do I file a motion to compel if the deposition is taking place in a different county than my lawsuit?
CPLR 3125 lets you treat the county where the deposition, examination, or inspection is happening as the county where the action is pending, for purposes of that motion.
Does CPLR 3125 apply to all discovery motions?
No. By its terms it applies specifically to a motion to compel disclosure under CPLR 3124, tied to where the deposition, examination, or inspection is occurring.
Can the chief administrator of the courts change where these motions are made?
Yes. CPLR 3125 applies unless otherwise provided by rule of the chief administrator of the courts.
Why would I want to file a motion to compel outside the county where my case is pending?
It saves time and travel when a discovery dispute erupts during a deposition or inspection held far from the courthouse where the action was filed.
Is CPLR 3125 a venue rule for the whole lawsuit?
No. It affects only where a motion to compel disclosure can be brought; it doesn't change the venue of the underlying action.
Advisory Committee Notes
This rule is stated generally to permit the moving party to apply in counties adjoining the one where the action is pending or where the examination is being held. RCP 63 which permitted motions to be made in adjoining counties, would apply.
Amendment History
Add, L 1962, ch 308; amd, L 1962, ch 318, § 18, eff Sept 1, 1963; L 1986, ch 355, § 6, eff July 17, 1986.
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: venue motion to compel New Yorkwhere to file discovery motion New Yorkdeposition county motion to compel