2006 New York Code - Subpoena Duces Tecum.

 
    §  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 to information about the
  nature and location of any debt or property against which  a  forfeiture
  judgment  may  be enforced; (iii) states whether any other such subpoena
  or provisional remedy  has  been  previously  sought  or  obtained  with
  respect  to the subject matter of the subpoena or the matter to which it
  relates; (iv) contains a factual statement which sets  forth  the  basis
  for  the issuance of the subpoena, including a particular description of
  the nature of the information sought to be obtained; (v) states  whether
  the  issuance of the subpoena is sought without notice to any interested
  party; and (vi) where the application seeks the issuance of the subpoena
  without notice to any interested party,  contains  a  statement  setting
  forth  the  factual  basis  for  the  claiming  authority's  belief that
  providing notice of the application for the issuance of the subpoena may
  result in any property being destroyed, removed from the jurisdiction of
  the court, or otherwise being unavailable for forfeiture or to satisfy a
  money judgment that may be entered in the  forfeiture  action,  and  may
  interfere with law enforcement investigations or judicial proceedings.
    3. An application made pursuant to this section may be granted, in the
  court's  discretion, upon a determination that the application meets the
  requirements set forth in subdivision two  of  this  section;  provided,
  however,  that no such subpoena may be issued or directed to an attorney
  with regard to privileged records or documents or attorney  work-product
  relating  to  a client. When a subpoena has been issued pursuant to this
  section, the claiming authority shall have the right  to  possession  of
  the  subpoenaed  material. The possession shall be for a period of time,
  and on such reasonable terms and conditions, as the  court  may  direct.
  The  reasonableness of such possession, time, terms and conditions shall
  be determined with consideration for, among other things, (a)  the  good
  cause  shown  by  the  party issuing the subpoena or in whose behalf the
  subpoena is issued, (b) the rights and legitimate needs  of  the  person
  subpoenaed  and (c) the feasibility and appropriateness of making copies
  of the subpoenaed material. Where the application seeks  a  subpoena  to
  compel  the  production  of an original record or document, the court in
  its discretion may order the production of  a  certified  transcript  or
  certified copy thereof.
    4.  Upon a determination pursuant to subdivision three of this section
  that the subpoena should be granted, the court shall issue the subpoena,
  seal all papers relating thereto, and direct that  the  recipient  shall
  not,  except  as  otherwise  ordered  by the court, disclose the fact of
  issuance or the subject  of  the  subpoena  to  any  person  or  entity;
  provided,  however,  that  the court may require that notice be given to
  any interested party prior to the issuance of the subpoena,  or  at  any
  time  thereafter,  when:  (a)  an  order  granting  a provisional remedy
  pursuant to this article with respect  to  the  subject  matter  of  the
  subpoena  or  the  matter  to  which it relates has been served upon the
  defendant whose  books  and  records  are  the  subject  matter  of  the
  subpoena,  whether  such  books and records are in the possession of the
  defendant  or  a third party; or (b) the court determines that providing
  notice of the application (i) will not  result  in  any  property  being
  destroyed,  removed  from  the  jurisdiction  of the court, or otherwise
  being unavailable for forfeiture or to satisfy a money judgment that may
  be entered in the forfeiture action and (ii) will not interfere with law
  enforcement investigations or judicial proceedings. For purposes of this
  section, "interested party" means any person whom the  court  determines
  might  have an interest in the property subject to the forfeiture action
  brought pursuant to this article.
    5. Notwithstanding the provisions of subdivision four of this section,
  where a subpoena duces tecum has been issued pursuant  to  this  section
  without  notice  to  any  interested party, the claiming authority shall
  serve written notice of the  fact  and  date  of  the  issuance  of  the
  subpoena  duces  tecum,  and  of  the fact that information was obtained
  thereby, upon any interested party not later than ninety days after  the
  date  of  compliance  with  such  subpoena,  or  upon  commencement of a
  forfeiture action, whichever occurs first; provided, however, where  the
  action  has not been commenced and upon a showing of good cause, service
  of the notice required herein may be postponed by order of the court for
  a reasonable period of time. The court, upon the filing of a  motion  by
  any  interested  party  served with such notice, may, in its discretion,
  make available to such party or the party's counsel for inspection  such
  portions  of  the  information  obtained pursuant to the subpoena as the
  court directs.
    6. Nothing contained in this section shall be construed to diminish or
  impair any right of subpoena or discovery that may otherwise be provided
  for by law to the claiming authority or to a defendant in  a  forfeiture
  action.