A New York Judicial Subpoena Ducks Cecum is a court order issued by a New York court requiring an individual or entity to produce certain documents or records for use in a legal proceeding. It is also known as a “document subpoena” or “subpoena for records.” There are two types of New York judicial subpoenas. The first type is called a “general subpoena” and is used to require the production of any documents or records relevant to an investigation or legal proceeding. The second type is called a “special subpoena” and is used to require the production of specific documents or records. Both types of New York subpoenas must be served in accordance with the rules of the court and can be enforced by a court order.
New York Judicial Subpoena Duces Tecum
State:
New York
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NY-AD2-12
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Judicial Subpoena Duces Tecum
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FAQ
Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.
Generally, you will have only 20 days to respond to a subpoena for documents (N.Y. C.P.L.R. § 3120(2)) or prior to appearing as a witness (N.Y. C.P.L.R. § 3106(b)), which does not leave a great deal of time for delay. The response date or deadline is called the return date.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Either party may apply for a subpoena up to 48 hours before the trial date by applying to the Clerk of the Court. Service of a Subpoena: You must arrange for service of the Subpoena and the payment of a $15.00 witness fee, and where appropriate, travel expenses for the person subpoenaed.
Subpoena ad testificandum and subpoena duces tecum. Subpoena ad testificandum is a subpoena commanding the appearance of a witness to give testimony while subpoena duces tecum is a subpoena commanding the production of books, documents, and other things.
6) A copy of a Subpoena for Records (Duces Tecum) must also be served either 'in hand' or by mail on each party who has appeared in the action so that it is received by them promptly after service on the witness.