(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.
§ 7561.Use of depositions; enforcement of discovery procedures.
Article 75-A. Health Care Arbitration · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 7561 lets the chairperson permit a deposition to be used as evidence under the CPLR's deposition-use rule, requires depositions to be taken as they would be in a civil action, and allows the chairperson to enforce discovery obligations like a court would, short of holding a party in contempt.
Full Text of CPLR 7561
(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.
Plain-English Summary
Subdivision (a) gives the chairperson discretion, on a party's application, to allow a deposition to be used as evidence at the hearing, following the same standard the CPLR uses for using depositions in civil actions. Subdivision (b) keeps the mechanics of taking those depositions consistent with ordinary civil practice, so parties and witnesses face the same procedure whether the underlying matter sits in arbitration or in court.
Subdivision (c) hands the chairperson real enforcement teeth when a party won't comply with discovery obligations: the chairperson can act much like a court would under the CPLR's discovery-sanctions provision, including imposing costs that get paid into the arbitration fund. There's one line the chairperson can't cross, though: the power to hold a party in contempt belongs to the courts, not to the chairperson of an arbitration panel.
Frequently Asked Questions
Can a deposition be used as evidence in a health care arbitration?
Yes, if the chairperson permits it on a party's application, following the same standard the CPLR applies to using depositions in civil actions.
How are depositions taken for a health care arbitration?
In the same manner prescribed by law for taking depositions in civil actions, so the procedure mirrors ordinary civil practice.
What can the chairperson do if a party won't comply with discovery?
The chairperson can enforce the failure to comply in the same manner as a court would under CPLR 3126, including imposing costs payable to the arbitration fund.
Can the chairperson hold a party in contempt for discovery violations?
No. CPLR 7561 specifically withholds that power from the chairperson, even while granting other enforcement tools.
Can discovery sanctions in a health care arbitration include payment of costs?
Yes. The chairperson can impose costs, payable to the arbitration fund, as part of enforcing a party's discovery obligations under CPLR 7561(c).
Amendment History
Add, L 1986, ch 266, § 5, eff July 8, 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: use deposition as evidence arbitrationdiscovery sanctions health care arbitrationchairperson enforce discovery arbitration