(a) After the appointment of the panel of arbitrators and notwithstanding inconsistent provisions of sections four hundred eight and three thousand one hundred two of this chapter, the parties to the arbitration may take depositions and obtain discovery regarding the subject matter of the arbitration and, to that end, use and exercise the same rights, remedies, and obligations in the arbitration as if the subject matter of the arbitration were pending in a civil action.
§ 7558.Depositions and discovery; rules of the arbitration administrator; adjournments
Article 75-A. Health Care Arbitration · Last amended 2011 · Last verified July 21, 2026
In one sentenceCPLR 7558 lets parties in a health care arbitration take depositions and obtain discovery once the panel is appointed, directs the arbitration administrator to promulgate rules for expeditious discovery and hearings, and limits adjournments to good cause approved by the chairperson.
Full Text of CPLR 7558
(b) The arbitration administrator shall promulgate rules, subject to the approval of the superintendent of financial services, to ensure the expeditious completion of discovery and the prompt commencement and conclusion of the hearing, consistent with applicable provisions of rule thirty-four hundred six of this chapter.
(c) An adjournment at the request of counsel for any of the parties may be granted only by the chairperson of the panel for good cause shown. A proceeding under this article shall be treated in the same manner as an action or proceeding in supreme court for the purpose of any claim by counsel of actual engagement.
Plain-English Summary
Once a panel of arbitrators is in place, subdivision (a) opens up the same deposition and discovery rights and obligations the parties would have in a pending civil action, notwithstanding CPLR provisions elsewhere that might otherwise limit disclosure in arbitration. That means the informal, streamlined image people often have of arbitration doesn't apply here; discovery in a health care arbitration can look much like discovery in a malpractice lawsuit.
Subdivision (b) puts the arbitration administrator in charge of writing rules, subject to the superintendent of financial services' approval, that keep discovery moving and get hearings started and finished promptly, consistent with the CPLR's mandatory filing and pre-calendar conference rule for malpractice actions. Subdivision (c) then reins in delay at the hearing stage itself: only the chairperson can grant an adjournment requested by counsel, and only for good cause shown. The section also treats a proceeding under this article the same as a court action or proceeding when counsel claims an actual engagement elsewhere as a reason for delay.
Frequently Asked Questions
Can parties take depositions in a health care arbitration?
Yes. Once the panel of arbitrators is appointed, the parties may take depositions and obtain discovery to the same extent as if the dispute were pending in a civil action.
Who writes the discovery rules for these arbitrations?
The arbitration administrator promulgates the rules, subject to approval by the superintendent of financial services, aimed at expeditious discovery and prompt hearings.
Who decides whether to grant an adjournment in a health care arbitration?
Only the chairperson of the panel can grant an adjournment requested by counsel, and only for good cause shown.
Does a lawyer's actual engagement in another matter count as a reason to adjourn?
The section treats a proceeding under this article the same as a court action for purposes of a claim of actual engagement by counsel.
Does CPLR 7558 override other CPLR limits on arbitration discovery?
Yes. Subdivision (a) applies notwithstanding inconsistent provisions elsewhere in the CPLR, so parties in a health care arbitration get the same deposition and discovery rights as in a pending civil action.
Amendment History
Add, L 1986, ch 266, § 5, eff July 8, 1986; amd, L 2011, ch 62, § 104 (Part A), eff Oct 3, 2011.
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: discovery in health care arbitrationdepositions HMO arbitration New Yorkadjournment arbitration hearing good cause