2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
R5224 - 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. Where the person
  serving the subpoena is a judgment creditor, other than where the state,
  a municipality or an agency or officer of the state or a municipality is
  the judgment creditor, the following additional rules shall apply:
    (i) information subpoenas, served on an  individual  or  entity  other
  than  the  judgment debtor, may be served on an individual, corporation,
  partnership or sole proprietorship only if the judgment creditor or  the
  judgment  creditor's  attorney  has  a  reasonable belief that the party
  receiving the subpoena has in their  possession  information  about  the
  debtor  that will assist the creditor in collecting his or her judgment.
  Any information subpoena served  pursuant  to  this  subparagraph  shall
  contain  a  certification  signed by the judgment creditor or his or her
  attorney stating the following: I HEREBY CERTIFY THAT  THIS  INFORMATION
  SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND
  SECTION  601 OF THE GENERAL BUSINESS LAW THAT I HAVE A REASONABLE BELIEF
  THAT  THE  PARTY  RECEIVING  THIS  SUBPOENA  HAS  IN  THEIR   POSSESSION
  INFORMATION ABOUT THE DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECTING
  THE  JUDGMENT.  By  signing  the certification, the judgment creditor or
  attorney certifies  that,  to  the  best  of  that  person's  knowledge,
  information  and  belief,  formed  after an inquiry reasonable under the
  circumstances, that the individual or entity receiving the subpoena  has
  relevant information about the debtor.
    (ii)  if  an  information  subpoena, served on an individual or entity
  other than the judgment  debtor,  does  not  contain  the  certification
  provided  for in subparagraph (i) of this paragraph, such subpoena shall
  be deemed null and void.
    (iii) if an information subpoena, served on an  individual  or  entity
  other  than the judgment debtor, does contain the certification provided
  for in subparagraph (i) of this paragraph, the individual,  corporation,
  partnership  or  sole proprietorship receiving the subpoena, may move to
  quash the subpoena pursuant to section twenty-three hundred four of this
  chapter, except that such motion shall be made in the court that  issued
  the underlying judgment.
    (iv)  failure to comply with an information subpoena shall be governed
  by subdivision  (b)  of  section  twenty-three  hundred  eight  of  this
  chapter,  except that such motion shall be made in the court that issued
  the underlying judgment.
    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.
    (a-1) Scope of subpoena duces tecum. A subpoena duces tecum authorized
  by this rule and served on a judgment debtor, or on any individual while
  in  the  state,  or  on  a  corporation,  partnership, limited liability
  company or sole proprietorship doing business, licensed,  qualified,  or
  otherwise entitled to do business in the state, shall subject the person
  or  other entity or business served to the full disclosure prescribed by
  section fifty-two hundred  twenty-three  of  this  article  whether  the
  materials  sought  are  in  the  possession,  custody  or control of the
  subpoenaed person, business or other entity within or without the state.
  Section fifty-two hundred twenty-nine of this article shall  also  apply
  to disclosure under this rule.
    (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.