This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
New York Subpoena in a Case Under the Bankruptcy Code - B 256
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US-B-256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
(1) To request issuance of a subpoena under this section, a party must submit an out-of-state subpoena to the county clerk in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute an appearance in the courts of this state.
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.
Under the provisions of the CPLR, an out-of-state subpoena may be served in New York by either the clerk of the court in which the discovery is to take place or an attorney admitted to practice law in this state as per the UIDDA and New York.
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.
The person who serves the Subpoena to Testify or the Subpoena for Records must fill out an Affidavit of Service and have it notarized. 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.
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 in a case may apply for a subpoena for a witness up to 48 hours before the scheduled trial date. The application is available on this web site (Click here for application and Civil Subpoena form - download in ADOBE ACROBAT) or from the Clerk of the City Court.