FEATURE ARTICLE:
EFFECTIVE SEPTEMBER 1, 2003, REQUIREMENT IS EASED FOR SECURING DISCOVERY FROM NONPARTIES AND PATH IS EASED FOR SECURING ADMISSIBILITY OF BUSINESS RECORDS

CAPTIONS:

• Discovery from Nonparty Now Needs No Court Order
• Relevance of CPLR 3111 to Deposition-Connected Discovery
• Serving the Subpoena Duces Tecum
• Making Objections to the Discovery
• Defraying Expenses of the Discovery

General Practice:

MEDICAL MALPRACTICE EXPERTS:
Conflict Continues on Extent to Which Expert's Qualifications Can Be Withheld in Order to Conceal Identity

COURT OF CLAIMS VERIFICATION:
Court Laments Rigidity of Verification Requirement But Deems Itself Bound and Dismisses Claim Though State Suffered No Prejudice Whatever

COURT OF CLAIMS VERIFICATION AGAIN:
When State Attempts to Avoid Its Own Promise to Disregard Minor Verification Mistake, Court's Patience Is Exhausted and State Gets Estopped

WAIVING JURISDICTIONAL OBJECTION:
Objection to Service Can Be Waived by Conduct Despite Its Inclusion in Motion to Dismiss or Answer

Backlog Items:

SETTING RETURN DAY OF PETITION:
Omitting Return Day from Notice of Petition Held Jurisdictional, But CPLR 304 Amendment Should Change That

OBLIGATIONS OF THIRD-PARTY DEFENDANT:
Needn't X, Impleaded by D, Serve a Copy of His Answer on P?

DEPOSING EXPERTS:
Party Can't Depose Opponent's Expert Who Examined Item at Issue If Item Was Available to Both Sides Before Destruction

VIDEOTAPING DEPOSITIONS:
Court Says No Rule Makes Transcript Exclusive Method of Recording Deposition; Side That Wants to Use Videotape Can

VENUE IN REAL PROPERTY ACTIONS:
If Contract Stipulates to Venue in X County, Venue Is Proper in X Even If Action Affects Real Property in Y