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New York Subpoena to Testify at a Deposition in a Civil Action

State:
New York
Control #:
NY-SD-862
Format:
PDF
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Description

Subpoena to Testify at a Deposition in a Civil Action

A New York Subpoena to Testify at a Deposition in a Civil Action is an official document issued by a court in New York state that requires a person to appear and testify at a deposition in a civil action. The purpose of a subpoena is to compel a witness to provide testimony under oath or to provide documents, records, or other materials for use as evidence in a civil action. There are two types of New York Subpoena to Testify at a Deposition in a Civil Action. The first is a Subpoena Ducks Cecum, which requires a witness to provide documents, records, or other items that may be used as evidence in a civil action. The second type is a Subpoena Ad Testificandum, which requires a witness to appear in person and provide testimony under oath. In order to serve a New York Subpoena to Testify at a Deposition in a Civil Action, the document must be properly served on the witness by a process server or by registered or certified mail. After the subpoena has been served, the witness must appear at the designated time and location to provide the requested testimony or documents. Failure to obey a subpoena may result in serious legal consequences, including fines or even imprisonment.

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FAQ

Providing inaccurate information on the Affidavit of Service, failing to have it notarized, or not filing it with the court can nullify the subpoena. The Affidavit of Service is considered proof that the subpoena was delivered to the intended recipient.

A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

Current through the 2023 Legislative Session. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.

Unlike a deposition, which allows for a more probing inquiry and compels you to answer, your attorney can object to inappropriate questions if you are testifying. When an objection is raised, the judge will decide whether you must answer.

General A Subpoena may be served on a Sunday. A City or State agency or a public library may be subpoenaed only by order of the court. Any witness must be served a ?reasonable? amount of time prior to the date of appearance. It is suggested that service be at least 5 days before the date of the hearing.

Service of a subpoena for records may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court.

The person who is going to serve the Subpoena must: 1) Find the person to be served. 2) Show that person the original Subpoena. 3) Give that person a copy of the Subpoena. 4) Fill out the Affidavit of Service on back of the original.

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New York Subpoena to Testify at a Deposition in a Civil Action