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The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.

EXAMPLE OF NEW YORK SUBPOENA

COMPOSITE EXAMPLE OF NEW YORK SUBPOENA

PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS

DISCOVERY ACT 

Stat of New York Civil Practice Law and Rules § 3119

PLEASE NOTE:

COUNTY CLERKS IN NEW YORK DO NOT PROVIDE SUBPOENA FORMS.

THIS EXAMPLE IS NOT AN OFFICIAL FORM, AND IS PRESENTED FOR 

ILLUSTRATIVE PURPOSES ONLY.

****************************************

SUPREME COURT OF STATE OF NEW YORK 

COUNTY OF _______________________________                                                                 COUNTY CLERK LOG NO.

_______________________________________________________________x                              SUBPOENA 

                                                                                                                                                                                                                                                                                          

                                                                            Plaintiff/Petitioner,                              

              v.                                                                                                                                                                                   

                                                                                                                                             Originating State:

                                                                          Defendant/Respondent.                        Originating County:

_______________________________________________________________x                              Originating Court:

                                                                                                                                             Originating Case No.

SUBPOENA/SUBPOENA DUCES TECUM

Pursuant to the Uniform Interstate Depositions and Discovery Act

(Personal Attendance Required/Not Required)

TO: [NAME] [ADDRESS]

 

WE COMMAND YOU to appear at the time, date and place set forth below to testify at a deposition to be taken in this civil action and

each of you appear and attend before __________________________________________________

at _________________________________________________, on the _________ day of ______________, 20___, at________ o’clock, in the ___________________ noon, and at any recessed or adjourned date to give testimony in this action on the part of______________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________; 

and/or that you bring with you, and produce at the time and place aforesaid, the following documents, electronically stored information, or objects, and permit their inspection, copying, testing or sampling of the material:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________;

and/or that you permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date and location set forth below, so that we may inspect, measure, survey,, photograph, test, or sample the property or any designated object or operation on it

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

FAILURE TO COMPLY with this SUBPOENA is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed one hundred fifty dollars and all damages sustained by reason of your failure to comply.

 

Additional Information:

[if any is contained in the Out-of-State subpoena]

 

Contact Information of Counsel for 

all parties (or contact information for parties pro se)

in the action:

 

Name

Address

Telephone Number Parties) Represented: 

(Repeat as required.)

Dated:_______________   ,______________(state)

            ________________________________

Court Clerk:__________________________________

                                                                                                                                                                                                                                                           

Civil Practice Law and Rules § 314

Service without the state not giving personal jurisdiction in certain actions.

Service without the state not giving personal jurisdiction in certain actions. Service may be made without the state by any person authorized  by  section 313 in the same manner as service is made within the state:

    1. in a matrimonial action; or

    2. where a judgment is demanded  that  the  person  to  be  served  be excluded  from  a vested or contingent interest in or lien upon specific real or personal property within the state; or that such an interest or lien  in  favor of either party be enforced, regulated, defined or limited; or otherwise affecting the title to such property, including an action of interpleader or defensive interpleader; or

    3. where a levy upon property of the person to be served has been made within the state pursuant to an order of attachment or a chattel of such person has been seized in an action to recover a chattel.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Civil Practice Law and Rules § 313

Service without the state giving personal jurisdiction

Service  without  the state giving personal jurisdiction.   A person domiciled in the state or subject  to  the  jurisdiction  of  the courts  of  the  state  under  section  301  or  302, or his executor or administrator, may be served with the summons without the state, in  the same  manner  as  service  is  made  within  the  state,  by  any person authorized to make service within the state who is  a  resident  of  the state  or  by  any  person authorized to make service by the laws of the state, territory, possession or country in which service is made  or  by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Civil Practice Law and Rules § 308

Personal Service upon a natural person

Personal service upon a natural person shall be made by any of the following methods:

1. by delivering the summons within the state to the person to be served;  or

2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later;  service shall be complete ten days after such filing;  proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;  or

3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318 , except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later;  service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.

6. For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

For information on Serving Legal Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Domestic Relation Law 232

Notice of nature of matrimonial action: Proof of Service 

a. In an action to annul a marriage or for divorce or for separation, if the complaint is not personally served with the summons, the summons shall have legibly written or printed upon the face thereof: “Action to annul a marriage”, “Action to declare the nullity of a void marriage”, “Action for a divorce”, or “Action for a separation”, as the case may be, and shall specify the nature of any ancillary relief demanded. A judgment shall not be rendered in favor of the plaintiff upon the defendant’s default in appearing or pleading, unless either (1) the summons and a copy of the complaint were personally delivered to the defendant; or (2) the copy of the summons (a) personally delivered to the defendant, or (b) served on the defendant pursuant to an order directing the method of service of the summons in accordance with the provisions of section three hundred eight or three hundred fifteen of the civil practice law and rules, shall contain such notice

b. An affidavit or certificate proving service shall state affirmatively in the body thereof that the required notice was written or printed on the face of the copy of the summons delivered to the defendant and what knowledge the affiant or officer who executed the certificate had that he was the defendant named and how he acquired such knowledge. The court may require the affiant or officer who executed the affidavit or certificate to appear in court and be examined in respect thereto.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

NEW YORK STATE SUBPOENA WITNESS FEES

By: Undisputed Legal/Subpoena Service Department

NY CPLR § 8001 Persons subpoenaed; examination before trial; transcripts of records.  (a)  Persons  subpoenaed.  Any  person  whose  attendance   is compelled by a subpoena, whether or not actual testimony is taken, shall receive  for  each  day’s attendance fifteen dollars for attendance fees and twenty-three cents as travel expenses for each mile to the place  of attendance  from the place where he or she was served, and return. There shall be no mileage fee for travel wholly within a city.    

(b)Persons subpoenaed upon an examination before trial. If a  witness who  is  not  a party, or agent or employee of a party, is subpoenaed to give testimony,  or  produce  books,  papers  and  other  things  at  an examination  before  trial, he shall receive an additional three dollars for each day’s attendance.    

(c)Transcripts of records. Wherever the preparation of  a  transcript of  records  is  required in order to comply with a subpoena, the person subpoenaed shall receive an additional fee of ten cents per  folio upon demand.

For information on Subpoena Service visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

UNDERSTANDING DOMESTIC VIOLENCE

By: Undisputed Legal Inc./Family Court Process Service Department

Why Do Victims Feel Trapped? Why Don’t They Just Leave? 

Many people who are abused by their intimate partners don’t want the relationship to end. They just want the violence and abuse to stop. 

Even under the best of circumstances, it is not easy to end a relationship with an intimate partner. Love, family, shared memories, and commitment are bonds that are hard to break. Cultural or religious beliefs may be barriers to ending a marriage. Immigration status may be another obstacle. While ending a relationship is hard for anyone, women who are abused face the added risks of physical, emotional and psychological harm. There are risks that come with every decision a victim of abuse makes. 

ASSIGNMENT AND COOPERATION WITH CHILD SUPPORT

By:Undisputed Legal Inc./Family Court Process Service Department

If you are an applicant/recipient of Temporary Assistance for the child, or Medicaid for yourself and the child, or your child is in Title IV-E Foster Care, you are required to assign to the social services district rights you have to support on your own behalf and any rights to support on behalf of any family member for whom you are applying for, or receiving assistance. For Medicaid applicants/recipients, this assignment is limited to medical support only. When applying for, or receiving Temporary Assistance, your assignment of support rights is limited to support that accrues during the period that you or the family member receives assistance. You are required to assign these support rights and, unless you claim good cause or domestic violence for not doing so, cooperate with the Child Support Enforcement Unit to: 

WHAT IS A TRUST?

By: Undisputed Legal Inc./Court Service Department

A trust is a legal instrument used to hold and manage real property and tangible or intangible personal property, for example, antiques (tangible personal property) or the right to royalty payments (intangible personal property). Putting property in trust transfers it from your personal ownership to the ownership of a legal entity called a “trust” which holds the property for your benefit or the benefit of anyone else you might name. Upon transfer, the law looks at these assets as if they were owned by the trust. Many trusts are set up in wills, and take effect upon death. Others can be established while you are still alive. 

For information on Serving legal Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Beware of Scams From Debt Collection Companies

Beware of debt collection companies or companies working with debt collection companies that offer you a credit card if you repay, in part or in full, an old debt that may have expired. Companies may use terms like “Fresh Start Program” or “Balance Transfer Program” to describe offers to transfer your old debt to a new credit card account after you make a certain number of payments. If you accept the credit card offer and start making payments, the debt collection agency’s time limit (statute of limitations) for suing you to collect this debt will restart. The company offering the credit card may not tell you that this is a consequence of getting the credit card.

For information on Serving legal Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com