2006 New York Code - Books, Papers And Other Things Of A Library, Department Or Bureau Of A Municipal Corporation Or Of The State.



 
    §  2307.  Books,  papers  and other things of a library, department or
  bureau of a municipal corporation or of the state.  Issuance by court. A
  subpoena duces tecum to be served upon a library,  or  a  department  or
  bureau  of  a  municipal  corporation  or  of  the  state, or an officer
  thereof, requiring the production of any books, papers or other  things,
  shall  be  issued  by  a justice of the supreme court in the district in
  which the book, paper or other thing is located or by  a  judge  of  the
  court in which an action for which it is required is triable. Unless the
  court  orders  otherwise, a motion for such subpoena shall be made on at
  least one day's notice to the library,  department,  bureau  or  officer
  having  custody  of  the  book,  document or other thing and the adverse
  party.  Such  subpoena  must  be  served  upon  such  library,  or  such
  department or bureau of such municipal corporation or of the state or an
  officer  having  custody  of  the  book, document or other thing and the
  adverse party at least twenty-four hours before the time fixed  for  the
  production  of such records unless in the case of an emergency the court
  shall by order dispense with such notice otherwise required.  Compliance
  with  a  subpoena  duces  tecum  may  be  made by producing a full-sized
  legible reproduction of the  item  or  items  required  to  be  produced
  certified  as  complete  and  accurate  by  the person in charge of such
  library, department or bureau, or a designee  of  such  person,  and  no
  personal  appearance  to certify such item or items shall be required of
  such person or designee, unless the court shall order otherwise pursuant
  to subdivision (d) of rule 2214 of this chapter.   Where  a  stipulation
  would  serve  the  same  purpose  as production of the book, document or
  other thing and the subpoena is required because the  parties  will  not
  stipulate,  the  judge may impose terms on any party, including the cost
  of production of the book or document, and require such cost to be  paid
  as an additional fee to the library, department or officer.

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