If you're an out-of-state attorney handling a case in New York for the first time — particularly a medical malpractice, pharmaceutical litigation, or complex personal injury matter — the local procedures, court structure, and deposition rules can feel like a foreign language. This guide is written from 30+ years on the ground inside New York courthouses and deposition rooms.
Understanding New York's Court Structure
The first thing that trips up out-of-state attorneys: New York's "Supreme Court" is not the highest court. It's actually the trial court. Here's how the hierarchy works from the ground up:
New York Court of Appeals
Highest court in NY (7 judges). Hears final appeals on questions of law.
Appellate Division
Four departments (1st–4th). Intermediate appellate court for each region.
Supreme Court (Trial)
Despite the name, this is where major civil and criminal trials happen. One in each county.
Surrogate's / Family / Civil Court
Specialized courts for estates, family matters, and lower-value civil claims.
For the out-of-state attorney handling medical malpractice or pharmaceutical litigation in New York, you will almost certainly be filing in the New York Supreme Court of the county where the malpractice occurred — or in federal court if there's diversity jurisdiction.
Federal Courts in New York: Two Districts You Need to Know
New York City sits across two federal judicial districts, and knowing which one handles your case matters enormously for scheduling, local rules, and judge assignment:
Southern District of New York (SDNY)
Covers Manhattan, the Bronx, and surrounding counties. Courthouse: 500 Pearl Street and 40 Foley Square, Manhattan. One of the most active federal courts in the country — home to complex commercial litigation, securities fraud, and major pharmaceutical cases.
500 Pearl St & 40 Foley Square, New York, NY 10007
Eastern District of New York (EDNY)
Covers Brooklyn, Queens, Staten Island, Nassau County, and Suffolk County. Courthouse: 225 Cadman Plaza East, Brooklyn. Handles a high volume of medical device and product liability cases tied to Long Island hospitals.
225 Cadman Plaza East, Brooklyn, NY 11201
Both districts require depositions to be taken before an officer authorized to administer oaths under federal rules — in practice, a New York-certified court reporter with proper credentials.
Pro Hac Vice Admission: What You Actually Need
New York courts permit out-of-state attorneys to appear pro hac vice — "for this occasion only" — without a full New York bar admission. But the rules are strict and the New York sponsoring attorney carries real responsibility:
Pro Hac Vice Checklist for NY State Courts
- Sponsor must be a New York-admitted attorney in good standing
- Sponsor must co-sign all papers filed and be available during hearings
- You must be admitted and in good standing in at least one other U.S. jurisdiction
- Motion for pro hac vice must be filed before you appear or take depositions
- Some counties (especially Manhattan Supreme) have specific local forms
- Pay the applicable filing fee (varies by court and case type)
- Out-of-state attorneys cannot appear in NYC Criminal Court pro hac vice
For federal court appearances, Local Rules of the SDNY and EDNY both require pro hac vice applications via ECF before any appearance — including depositions noticed for locations within the district. File early; approval is not always same-day.
CPLR Deposition Rules: The Key Differences from Federal Practice
New York depositions are governed by CPLR Article 31, which differs meaningfully from FRCP Rule 30. Coming in without knowing these differences is one of the most common mistakes out-of-state attorneys make:
| Issue | FRCP (Federal) | CPLR (New York State) |
|---|---|---|
| Time limit per deponent | 7 hours | No per-deponent limit by default |
| Notice period | Reasonable notice | 20 days minimum for non-party |
| Objections during depo | State objection only | More liberal "speaking objections" common |
| Video depositions | Permitted by rule | Permitted; requires stipulation or order |
| Court reporter licensing | Officer authorized to administer oaths | Must be certified per NY Judiciary Law § 9-b |
| Remote depositions | Permitted by rule | Permitted; pandemic rules now codified |
The court reporter requirement is not optional. Under New York Judiciary Law § 9-b, court reporters practicing in New York must hold a New York State certification. Using an out-of-state reporter without New York credentials — or an AI transcription service — creates a transcript that opposing counsel can move to strike as improperly authenticated.
Practical tip: When you schedule a deposition in New York, confirm with your court reporting service that the reporter holds a current New York CSR (Certified Shorthand Reporter) credential. For complex medical matters, also ask specifically about medical terminology proficiency — a generalist reporter at a pharmaceutical deposition will slow the proceeding and introduce transcript errors. See our medical deposition services page for how we handle this.
NYC Courthouse Locations by Borough
Medical malpractice and personal injury cases follow the plaintiff — which means your deposition could be in any of the five boroughs. Here are the key courthouse addresses and what you'll find there:
Manhattan (New York County)
- NY Supreme Court — 60 Centre Street, New York, NY 10007
- SDNY (Pearl St) — 500 Pearl Street, New York, NY 10007
- SDNY (Foley Sq) — 40 Foley Square, New York, NY 10007
Home to the most complex medical malpractice and pharmaceutical litigation dockets in the state. Conference rooms at major Midtown hotels and law firm offices are the standard deposition venue.
Brooklyn (Kings County)
- Kings County Supreme Court — 360 Adams Street, Brooklyn, NY 11201
- EDNY — 225 Cadman Plaza East, Brooklyn, NY 11201
High volume of product liability cases tied to Brooklyn Hospital Center, Maimonides, and NYU Langone Brooklyn. Depositions frequently held at Downtown Brooklyn office buildings.
Queens (Queens County)
- Queens County Supreme Court — 88-11 Sutphin Blvd, Jamaica, NY 11435
- EDNY (Queens) — 26-01 Bridge Plaza North, Long Island City, NY 11101
Covers New York-Presbyterian Queens, Elmhurst Hospital, and a high density of ambulatory surgical center malpractice cases. Depositions often held near the Jamaica courthouse.
Bronx (Bronx County)
- Bronx Supreme Court — 851 Grand Concourse, Bronx, NY 10451
The Bronx court system is known for plaintiff-favorable verdicts in medical cases. Lincoln Hospital and Montefiore Medical Center cases dominate the docket. Many depositions held in Manhattan offices for convenience.
Staten Island (Richmond County)
- Richmond County Supreme Court — 18 Richmond Terrace, Staten Island, NY 10301
Smaller docket; Staten Island University Hospital cases common. Many out-of-state attorneys schedule depositions at Manhattan offices to reduce travel burden for all parties.
Remote Depositions in New York: What's Permitted Now
Post-pandemic, New York courts have codified remote deposition procedures. For out-of-state attorneys, this is often the most practical option — you can conduct the deposition from your home office while the witness, court reporter, and any local counsel are in New York.
Key points for remote New York depositions: the court reporter must still be physically present with the witness in most circumstances (or all parties must stipulate to a fully remote setup). The reporter administers the oath in person, ensures the witness is not being coached, and produces a certified transcript. Realtime transcript feeds allow the remote attorney to read along line-by-line as testimony is given — the same experience as being in the room.
For medical expert witness depositions specifically, we offer specialized remote medical deposition services with encrypted video feeds, exhibit sharing, and certified transcript delivery — so out-of-state attorneys get full functionality without the travel.
Finding the Right Court Reporter for Your New York Case
For out-of-state attorneys, court reporter selection in New York often comes down to a quick Google search or a referral from local counsel. Here's what actually matters — particularly for medical and pharmaceutical cases:
New York CSR Credential
Verify the reporter holds a current New York State Certified Shorthand Reporter (CSR) certification. This is the legal baseline.
Medical Terminology Depth
General reporters slow down complex depositions. Ask specifically about pharmaceutical, surgical, and diagnostic terminology experience.
Realtime Capability
For multi-day depositions or complex expert witnesses, realtime reporting lets you adjust strategy in real-time instead of waiting for transcripts.
Expedited Delivery
Ask about 24-hour and same-day delivery options upfront. Tight filing deadlines are common in NY courts and you don't want surprises.
Frequently Asked Questions
Do out-of-state attorneys need a licensed New York court reporter for depositions?
What is pro hac vice admission in New York?
Which New York court handles major civil litigation?
Can depositions be taken remotely in New York?
Cindy Afanador, RMR CRR RPR CSR
Registered Merit Reporter · 30+ Years NYC Experience
Cindy Afanador is one of New York's most credentialed court reporters, holding the RMR, CRR, RPR, and CSR certifications — the top 1% of reporters nationwide. With over 30 years of experience in medical malpractice, pharmaceutical litigation, and complex personal injury depositions, she regularly serves out-of-state attorneys navigating the New York court system for the first time.