Important Discovery Ruling in New York's Highest Court

On April 3, 2014, the New York Court of Appeals, the state's highest court, issued a ruling establishing an important discovery rule in New York. Specifically, the court explained the standard to obtain the testimony of a non-party in New York. The case In the Matter of Kapon v. Koch involved subpoenas the firm issued on behalf of its client to two non-parties in New York. The non-parties fought the subpoenas, and the firm prevailed. The April 3 ruling, which was the first New York Court of Appeals interpretation of the 1984 amendment to the New York discovery statute in 30 years, set the standard for issuing and enforcing non-party subpoenas. The court ruled that the burden to quash a subpoena is on the non-party and the burden is a high one.

Moez Kaba argued for Koch. The ruling was reported, and Kaba was quoted, in an April 7 article in the New York Law Journal (subscription required).