SUBPOENA RULES AND LAWS WHEN AND WHOM A SUBPOENA MAY BE ISSUED

Subpoena

N.Y. CPL. LAW § 610.20: NY Code – Section 610.20: Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued

1. Any criminal court may issue a subpoena for a witness’s attendance in any criminal action or proceeding in such court. 2. A district attorney, or another prosecutor where appropriate, as an officer of a criminal court in which he is conducting the prosecution of a criminal action or proceeding, may issue a subpoena of such court, subscribed by himself, for the attendance in such court or a grand jury thereof of any witness whom the people are entitled to call in such action or proceeding. 3. An attorney for a defendant in a criminal action or proceeding, as an officer of a criminal court, may issue a subpoena of such court, subscribed by himself, for the attendance in such court of any witness whom the defendant is entitled to call in such action or proceeding. An attorney for a defendant may not issue a subpoena duces tecum of the court directed to any department, bureau, agency of the state, or a political subdivision thereof, or any officer or representative thereof. Such a subpoena duces tecum may be issued on behalf of a defendant upon order of a court under the rules applicable to civil cases as provided in section twenty-three hundred seven of the civil practice law and rules.

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