2006 New York Code - Subpoena; Procedure.

 
    Rule 5224. Subpoena; procedure. (a) Kinds and service of subpoena. Any
  or all of the following kinds of subpoenas may be served:
    1. a subpoena requiring attendance for the taking of a deposition upon
  oral or written questions at a time and place named therein; or
    2. a subpoena duces tecum requiring the production of books and papers
  for examination at a time and place named therein; or
    3.  an  information  subpoena,  accompanied  by a copy and original of
  written questions and a prepaid, addressed return envelope.  Service  of
  an  information  subpoena  may  be made by registered or certified mail,
  return receipt requested. Answers shall be made in writing under oath by
  the person upon whom  served,  if  an  individual,  or  by  an  officer,
  director,  agent  or  employee having the information, if a corporation,
  partnership or sole proprietorship.  Each  question  shall  be  answered
  separately  and  fully  and  each  answer shall refer to the question to
  which it responds. Answers shall be returned together with the  original
  of the questions within seven days after receipt.
    4.  an  information  subpoena  in  the  form of magnetic tape or other
  electronic means. Where the person to  be  served  consents  thereto  in
  writing,  an  information  subpoena  in  the  form  of  magnetic tape or
  electronic means, as defined  in  subdivision  (f)  of  rule  twenty-one
  hundred  three of this chapter, may be served upon the individual, or if
  a  corporation,  partnership,  limited  liability   company,   or   sole
  proprietorship, upon the officer, director, agent or employee having the
  information. Answers shall be provided within seven days.
    (b)  Fees. A judgment debtor served with a subpoena under this section
  and any other person served with an information subpoena  shall  not  be
  entitled  to  any fee. Any other person served with a subpoena requiring
  attendance or the production of  books  and  papers  shall  be  paid  or
  tendered  in advance authorized traveling expenses and one day's witness
  fee.
    (c) Time and place of examination. A deposition  on  oral  or  written
  questions  or  an  examination  of books and papers may proceed upon not
  less than ten days' notice to the person subpoenaed,  unless  the  court
  orders  shorter  notice, before any person authorized by subdivision (a)
  of rule 3113. An examination shall be held during business hours and, if
  taken within the state, at a place specified in rule 3110. Upon  consent
  of the witness, an examination may be held at any other place within the
  state and before any officer authorized to administer an oath.
    (d)  Conduct of examination. The officer before whom the deposition is
  to be taken shall put the witness on oath. If requested  by  the  person
  conducting the examination, the officer shall personally, or by some one
  acting  under  his  direction,  record  and transcribe the testimony and
  shall list all appearances by the parties and attorneys. Examination and
  cross-examination of the witness shall proceed as permitted in the trial
  of actions in open court. Cross-examination need not be limited  to  the
  subject  matter  of the examination in chief. All objections made at the
  time of the examination to the qualifications of the officer taking  the
  deposition,  or of a person recording it, or to the manner of taking it,
  or to the testimony presented, or to the conduct of any person, and  any
  other  objection  to the proceedings, shall be noted by the officer upon
  the deposition and the deposition shall proceed subject to the right  of
  a  person to apply for a protective order. The deposition shall be taken
  continuously and without  unreasonable  adjournment,  unless  the  court
  orders  or  the  witness  agrees  otherwise.  If  the  witness  does not
  understand the English language, the judgment creditor shall, at his own
  expense, provide a translation of all questions and answers. Unless  the
  court  orders  otherwise, a person other than the judgment debtor served
  with a subpoena duces tecum requiring the production of books of account
  may produce in place of the original books of account a sworn transcript
  of such accounts as are relevant.
    (e)  Signing  deposition;  physical preparation. At the request of the
  person conducting the examination, a deposition on written questions  or
  a  deposition  on  oral  questions  which  has been transcribed shall be
  submitted to the witness and shall be read to or by him, and any changes
  in form or substance which the witness desires to make shall be  entered
  upon the deposition with a statement of the reasons given by the witness
  for  making them; and the deposition shall then be signed by the witness
  before any officer authorized to administer  an  oath.  If  the  witness
  fails to sign the deposition, the officer before whom the deposition was
  taken  shall  sign  it and state on the record the fact of the witness's
  failure  or  refusal  to  sign  together  with  any  reason  given.  The
  deposition  may  then be used as fully as though signed. Where testimony
  is transcribed, the officer before whom the deposition was  taken  shall
  certify  on  the  deposition  that the witness was duly sworn by him and
  that the deposition is a true record  of  the  testimony  given  by  the
  witness.
    (f)  Subsequent  examination.  Leave  of court is required to compel a
  judgment debtor to appear for the taking of his deposition or to  compel
  the  production  by  him  of  books and papers within one year after the
  conclusion of a previous examination of him with  respect  to  the  same
  judgment.