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2017 New York Laws
CVP - Civil Practice Law & Rules
Article 23 - Subpoenas, Oaths and Affirmations
2305 - Attendance Required Pursuant to Subpoena; Possession of Books, Records, Documents or Papers.

Universal Citation: NY CPLR 2305 (2017)
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 2305. Attendance required pursuant to subpoena; possession of books,
  records,  documents  or  papers.  (a)  When person required to attend. A
  subpoena may provide that the person subpoenaed shall appear on the date
  stated and any recessed or adjourned  date  of  the  trial,  hearing  or
  examination.  If  he  is  given  reasonable  notice  of  such  recess or
  adjournment,  no  further  process  shall  be  required  to  compel  his
  attendance  on  the adjourned date. At the end of each day's attendance,
  the person subpoenaed may demand his fee for the next day on which he is
  to attend. If the fee is not then paid, he shall be deemed discharged.

(b) Subpoena duces tecum; attendance  by  substitute.  1.  A  subpoena
  duces tecum may be joined with a subpoena to testify at a trial, hearing
  or examination or may be issued separately.

2.  Any  person  may  comply  with a subpoena duces tecum for a trial,
  hearing or examination by  having  the  requisite  books,  documents  or
  things produced by a person able to identify them and testify respecting
  their origin, purpose and custody.

(c)  Inspection, examination and audit of records. Whenever by statute
  any  department  or  agency  of  government,  or  officer  thereof,   is
  authorized  to  issue  a  subpoena  requiring  the  production of books,
  records, documents or papers, the issuing party shall have the right  to
  the  possession  of such material for a period of time, and on terms and
  conditions,  as  may  reasonably  be  required   for   the   inspection,
  examination  or  audit  of  the  material.  The  reasonableness  of such
  possession,  time,  terms,  and  conditions  shall  be  determined  with
  consideration  for,  among other things, (i) the good cause shown by the
  issuing party, (ii) the rights and needs of the person  subpoenaed,  and
  (iii)  the  feasibility  and  appropriateness  of  making  copies of the
  material. The cost of reproduction and transportation  incident  thereto
  shall  be  borne  by the person or party issuing the subpoena unless the
  court determines otherwise in the interest of justice.

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