2006 New York Code - Disobedience Of Subpoena.



 
    §  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 pleadings.  A subpoenaed person shall also  be
  liable  to  the  person  on  whose  behalf the subpoena was issued for a
  penalty not exceeding 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 was directed to produce by the
  subpoena, or to subscribe his 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  to  jail,
  there  to remain until he submits to do the act which he was so required
  to do or is discharged according to law.  Such a warrant  of  commitment
  shall  specify  particularly  the  cause  of  the commitment and, if the
  witness is committed for refusing to answer  a  question,  the  question
  shall be inserted in the warrant.
    (b)  Non-judicial. (1) Unless otherwise provided, if a person fails to
  comply with a subpoena which is not returnable in a court, the issuer or
  the person on whose behalf the subpoena  was  issued  may  move  in  the
  supreme court to compel compliance. If the court finds that the subpoena
  was  authorized,  it  shall  order  compliance  and may impose costs not
  exceeding fifty dollars. A subpoenaed person shall also be liable to the
  person on whose behalf  the  subpoena  was  issued  for  a  penalty  not
  exceeding  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  before the person or body requiring his appearance. If a person
  so subpoenaed attends or is brought before  such  person  or  body,  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 was directed  to  produce  by  the  subpoena,  or  to  subscribe  his
  deposition  after  it  has been correctly reduced to writing, the court,
  upon proof by affidavit, may issue a warrant directed to the sheriff  of
  the  county where the person is, committing him to jail, there to remain
  until he submits to do the act which he was so  required  to  do  or  is
  discharged  according to law. Such a warrant of commitment shall specify
  particularly the  cause  of  the  commitment  and,  if  the  witness  is
  committed  for  refusing  to  answer  a  question, the question shall be
  inserted in the warrant.
    (2)  Notwithstanding  the  provisions  of  paragraph   one   of   this
  subdivision, if a person fails to comply with a subpoena issued pursuant
  to  section  one  hundred  eleven-p  of  the  social services law by the
  department of social services or a  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,  such
  department  or  district  is  authorized to impose a penalty against the
  subpoenaed person. The amount of the penalty shall be determined by  the
  commissioner  of  the  department  of  social  services and set forth in
  regulation, and shall not exceed fifty dollars. Payment of  the  penalty
  shall  not  be  required, however, if in response to notification of the
  imposition of the penalty the  subpoenaed  person  complies  immediately
  with the subpoena.
    (c)  Review  of  proceedings.    Within ninety days after the offender
  shall have been committed to jail he shall, if not  then  discharged  by
  law, be brought, by the sheriff, or other officer, as a matter of course
  personally  before  the  court  issuing  the warrant of commitment and a
  review of the proceedings shall then be held to  determine  whether  the
  offender  shall  be discharged from commitment. At periodic intervals of
  not more than ninety days following such review, the  offender,  if  not
  then  discharged  by  law from such commitment, shall be brought, by the
  sheriff, or other officer,  personally  before  the  court  issuing  the
  warrant  of commitment and further reviews of the proceedings shall then
  be held to determine whether he shall be discharged from commitment. The
  clerk of the court before which such review of the proceedings shall  be
  held,  or  the judge or justice of such court in case there be no clerk,
  shall give reasonable notice in writing of the date, time and  place  of
  each  such  review to each party or his attorney who shall have appeared
  of record in the proceeding resulting in the issuance of the warrant  of
  commitment, at their last known address.

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