Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the court clerk where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena.
Effective January 1, 2011, under New York State C.P.LR. § 3119, the County Clerk will be required to issue a local subpoena seeking discoverable materials and/or individuals to be deposed upon the receipt of a duly issued in a purely ministerial manner out-of-state subpoena. The terms of the local subpoena will mimic the out-of-state subpoena and include all of the out-of-state attorneys’ contact info or the pro se litigant’s info. This amendment to the C.P.L.R. brings New York in line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, Which was enacted to create “an efficient and inexpensive procedure to litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state. By the above, upon receipt of an out-of-state subpoena, the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in the County Clerk’s Office). If the information requested in the out-of-state subpoena is identical to the in-state subpoena, the Court Clerk will then time stamp the in-state subpoena, as filed and return same for a fee of fifteen dollars ($15.00).
For information on serving subpoenas, contact a subpoena service call (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST. If you found this article helpful, please consider donating. Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us! We also invite you to check out our Frequently Asked Questions About Process Servers.