Posts made in March 2014

Service of Process/Process Service-Notice of petition; order to show cause

N.Y. CVP. LAW § 403 : NY Code – Section 403: Service of Process/Process Service -Notice of petition; order to show cause

(a) Notice of petition. A notice of petition shall specify the time and place of the hearing on the petition and the supporting affidavits, if any, accompanying the petition. (b) Time for service of notice of petition and answer. A notice of petition, together with the petition and affidavits specified in the notice, shall be served on any adverse party at least eight days before the time at which the petition is noticed to be heard. An answer and supporting affidavits, if any, shall be served at least two days before such time. A reply, together with supporting affidavits, if any, shall be served at or Continue reading

Service of Process/Process Service-Order To Show Cause

N.Y. ISC. LAW § 7418 : NY Code – Section 7418: Service of Process/Process Service of order to show cause.

(a) The order to show cause and the papers upon which it is granted shall be served upon the insurer named therein by delivering true copies to, and leaving them with: (1) If a domestic corporation: its president or other head, the secretary or clerk to the corporation, the cashier, the treasurer or any director or managing agent. (2) If a foreign or alien corporation: its president, vice-president, treasurer or assistant treasurer, secretary or assistant secretary, or any director or managing agent or, if the corporation has no such officers within this state, to the officer performing corresponding functions. (3) If a voluntary, unincorporated or a joint stock association, order or society: the president, vice-president, treasurer, director, trustee or other officer or a member with managerial powers. (4) If a reciprocal Continue reading

Attendance Required Pursuant to Subpoena; Possession of Books Records, Documents or Papers

N.Y. CVP. LAW § 2305 : NY Code – Section 2305: Attendance required pursuant to subpoena; possession of books, records, documents or papers.

(a) When person required to attend. A subpoena may provide that the person subpoenaed shall appear on the date stated and any recessed or adjourned date of the trial, hearing or examination. If he is given reasonable notice of such recess or adjournment, no further process shall be required to compel his attendance on the adjourned date. At the end of each day’s attendance, the person subpoenaed may demand his fee for the next day on which he is to attend. If the fee is not then paid, he shall be deemed discharged. (b) Subpoena duces tecum; attendance by substitute. 1. A subpoena duces tecum may be joined with a subpoena to testify at a trial, hearing or examination or may be issued separately. 2. Any person may comply with a subpoena duces tecum for a trial, hearing or examination by having the requisite books, Continue reading

Scope of Subpoena

N.Y. CVP. LAW § 2301 : NY Code – Section 2301: Scope of subpoena

A subpoena requires the attendance of a person to give testimony. A subpoena duces tecum requires production of books, papers and other things. A child support subpoena is a subpoena issued pursuant to section one hundred eleven-p of the social services law by the office of temporary and disability assistance or a local social services district, or its authorized representative, or another state’s child support enforcement agency governed by title IV-D of the social security act. A trial subpoena duces tecum shall state on its face that all papers or other items delivered to the court pursuant to such subpoena shall be accompanied by a copy of such subpoenaContinue reading

Disobedience of Subpoena

N.Y. CVP. LAW § 2308 : NY Code – Section 2308: Disobedience of subpoena

(a) Judicial. Failure to comply with a subpoena issued by a judge, clerk or officer of the court shall be punishable as a contempt of court. If the witness is a party the court may also strike his or her pleadings. A subpoenaed person shall also be liable to the person on whose behalf the subpoena was issued for a penalty not exceeding one hundred fifty dollars and damages sustained by reason of the failure to comply. A court may issue a warrant directing a sheriff to bring the witness into court. If a person so subpoenaed attends or is brought into court, but refuses without reasonable cause to be examined, or to answer a legal and pertinent question, or to produce a book, paper or other thing which he or she was directed to produce by the subpoena, or to subscribe his or her deposition after it has been correctly reduced to writing, the court may forthwith issue a warrant directed to the sheriff of the county where the person is, committing him or her to jail, there to remain until he or she submits to do the act Continue reading

Process Service/Service of Process of Subpoena & Witness Fees

N.Y. CVP. LAW § 2303 : NY Code – Section 2303: Service of subpoena; payment of fees in advance

(a) A subpoena requiring attendance or a subpoena duces tecum shall be served in the same manner as a summons, except that where service of such a subpoena is made pursuant to subdivision two or four of section three hundred eight of this chapter, the filing of proof of service shall not be required and service shall be deemed complete upon the later of the delivering or mailing of the subpoena, if made pursuant to subdivision two of section three hundred eight of this chapter, or upon the later of the affixing or mailing of the subpoena, if made pursuant to subdivision four of section three hundred eight of this chapter. Any person subpoenaed shall be paid or tendered in advance authorized traveling expenses and one day’s witness fee. A copy of any subpoena duces tecum Continue reading

What is Subpoena duces tecum?

N.Y. CVP. LAW § 1311-a : NY Code – Section 1311-A: Subpoena duces tecum

1. At any time before an action pursuant to this article is commenced, the claiming authority may, pursuant to the provisions of subdivision two of this section, apply without notice for the issuance of a subpoena duces tecum. 2. An application for a subpoena duces tecum pursuant to this section: (a) shall be made in the judicial district in which the claiming authority may commence an action pursuant to this article, and shall be made in writing to a justice of the supreme court, or a judge of the county court; and (b) shall be supported by an affidavit, and such other written documentation as may be submitted which: (i) sets forth the identity of the claiming authority and certifies that the applicant is authorized to make the application on the claiming authority’s behalf; (ii) demonstrates reasonable grounds to believe that the execution of the subpoena would be reasonably likely to lead Continue reading

Subpoena-Securing attendance of witness by subpoena; fees

N.Y. CPL. LAW § 610.50 : NY Code – Section 610.50: Securing attendance of witness by subpoena; fees

1. A witness subpoenaed by the people in a criminal action is entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court or the clerk thereof, stating the number of days the witness actually attended and the number of miles traveled by him in order to attend. In any such action, the court may, by order, direct the county treasurer to pay to such witness a further reasonable sum for expenses, to be specified in the order, and the county treasurer, upon the production of the order or a certified copy thereof, must pay the witness the sum specified therein out of the county treasury. Such certificates shall only be issued by the court or the clerk thereof, upon the production of the affidavit of the witness, stating that he attended Continue reading

Subpoena-Securing attendance of witnesses by subpoena; how and by whom subpoena my be served

N.Y. CPL. LAW § 610.40 : NY Code – Section 610.40: Securing attendance of witnesses by subpoena; how and by whom subpoena may be served

A subpoena may be served by any person more than eighteen years old. Service must be made in the manner provided by the civil practice law and rules for the service of subpoenas in civil cases.

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Subpoena – Securing attendance of witness by subpoena; where subpoena may be served

N.Y. CPL. LAW § 610.30 : NY Code – Section 610.30: Securing attendance of witnesses by subpoena; where subpoena may be served

1. A subpoena of any criminal court, issued pursuant to section 610.20, may be served anywhere in the county of issuance or anywhere in an adjoining county. 2. A subpoena of a superior court or of a superior court judge sitting as a local criminal court, issued pursuant to section 610.20, may be served anywhere in the state. 3. A subpoena of a district court or of the New York City criminal court, issued pursuant to section 610.20, may be served anywhere in the state; provided that, if such subpoena is issued by a prosecutor or by an attorney for a defendant, it may be Continue reading