2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 23 - (2301 - 2309) SUBPOENAS, OATHS AND AFFIRMATIONS
2302 - Authority to issue.


NY CPLR § 2302 (2012) What's This?
 
    §  2302. Authority to issue. (a) Without court order. Subpoenas may be
  issued without a court order by the clerk of the court,  a  judge  where
  there  is  no  clerk,  the attorney general, an attorney of record for a
  party to an action, an administrative proceeding or an  arbitration,  an
  arbitrator, a referee, or any member of a board, commission or committee
  authorized  by law to hear, try or determine a matter or to do any other
  act, in an official capacity, in relation to which proof may be taken or
  the attendance of a person as  a  witness  may  be  required;  provided,
  however,  that  a  subpoena to compel production of a patient's clinical
  record maintained pursuant to the provisions of  section  33.13  of  the
  mental  hygiene  law  shall  be  accompanied  by  a court order. A child
  support subpoena may be issued by the department, or the  child  support
  enforcement  unit coordinator or support collection unit supervisor of a
  social services district, or his or her  designee,  or  another  state's
  child  support  enforcement  agency governed by title IV-D of the social
  security act.
    (b) Issuance by court. A subpoena to compel production of an  original
  record or document where a certified transcript or copy is admissible in
  evidence,   or  to  compel  attendance  of  any  person  confined  in  a
  penitentiary or jail, shall be issued by the  court.  Unless  the  court
  orders  otherwise,  a motion for such subpoena shall be made on at least
  one day's notice to the person having custody of the record, document or
  person confined. A subpoena to produce a prisoner so confined  shall  be
  issued  by  a  judge  to whom a petition for habeas corpus could be made
  under subdivision (b) of section seven thousand two of this chapter or a
  judge of the court of claims, if the matter is pending before the  court
  of claims, or a judge of the surrogate's court, if the matter is pending
  before  the  surrogate's  court, or a judge or support magistrate of the
  family court, if the matter is pending before the  family  court,  or  a
  judge  of the New York city civil court, if the matter is pending before
  the New York city civil court and it has been removed thereto  from  the
  supreme  court  pursuant  to  subdivision  (d)  of section three hundred
  twenty-five of this chapter. In the absence of  an  authorization  by  a
  patient,  a trial subpoena duces tecum for the patient's medical records
  may only be issued by a court.

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