2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 23 - (2301 - 2309) SUBPOENAS, OATHS AND AFFIRMATIONS
2303 - Service of subpoena; payment of fees in advance.


NY CPLR § 2303 (2012) What's This?
 
    §  2303.  Service  of  subpoena;  payment  of  fees  in advance. (a) A
  subpoena requiring attendance or a subpoena duces tecum shall be  served
  in  the  same  manner  as a summons, except that where service of such a
  subpoena is made pursuant to subdivision two or four  of  section  three
  hundred  eight of this chapter, the filing of proof of service shall not
  be required and service shall be deemed complete upon the later  of  the
  delivering  or  mailing of the subpoena, if made pursuant to subdivision
  two of section three hundred eight of this chapter, or upon the later of
  the affixing or mailing of the subpoena, if made pursuant to subdivision
  four of  section  three  hundred  eight  of  this  chapter.  Any  person
  subpoenaed  shall  be  paid  or tendered in advance authorized traveling
  expenses and one day's witness fee. A copy of any subpoena  duces  tecum
  served  in  a pending civil judicial proceeding shall also be served, in
  the manner set forth in rule twenty-one hundred three of  this  chapter,
  on  each party who has appeared in the civil judicial proceeding so that
  it is received by such parties promptly after service on the witness and
  before the production of books, papers or other things.
    (b) A child support subpoena issued pursuant to  section  one  hundred
  eleven-p  of  the  social  services  law to public utility companies and
  corporations, including  but  not  limited  to  cable  television,  gas,
  electric, steam, and telephone companies and corporations, as defined in
  section two of the public service law, may be served by regular mail, or
  through  an  automated process where information sought is maintained in
  an automated  data  base.  All  other  child  support  subpoenas  issued
  pursuant  to  section  one  hundred  eleven-p of the social services law
  shall be served in accordance with the provisions of subdivision (a)  of
  this section.

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