Keywords: New York subpoena, case under the Bankruptcy Code, B 256, types Description: A New York subpoena in a case under the Bankruptcy Code — B 256 refers to a legal document that compels the production of specific documents, testimony, or evidence relevant to a bankruptcy case in the state of New York. This type of subpoena is authorized under section B 256 of the Bankruptcy Code, which outlines the procedures and requirements for issuing subpoenas in bankruptcy proceedings. There are several types of New York subpoenas that may be utilized in a case under the Bankruptcy Code — B 256, including: 1. Document Subpoena: A document subpoena requests specific documents or records relevant to the bankruptcy case. These can include financial statements, contracts, loan agreements, tax records, or any other documents that may aid in the determination of the debtor's financial situation. 2. Deposition Subpoena: A deposition subpoena compels a witness to provide sworn testimony under oath regarding their knowledge of the bankruptcy case. Attorneys may depose creditors, debtors, company executives, or any other individuals with information relevant to the bankruptcy proceedings. 3. Subpoena to Appear at a Hearing: This type of subpoena is used to compel an individual to attend a specific hearing or court appearance related to the bankruptcy case. The individual may be required to provide testimony or present evidence during the hearing. 4. Subpoena Ducks Cecum: A subpoena duces tecum combines elements of a document subpoena and a subpoena to appear at a hearing. It requires the witness to bring specific documents or records to a hearing or deposition for examination by the court. The issuance and enforcement of New York subpoenas in a case under the Bankruptcy Code — B 256 adhere to strict guidelines and procedures to protect the rights of all parties involved. It is essential that the subpoena is properly served and that any objections or challenges are addressed promptly. In conclusion, a New York subpoena in a case under the Bankruptcy Code — B 256 is a legal tool used to gather evidence, testimony, and documents relevant to a bankruptcy case in the state of New York. The different types of subpoenas, including document subpoenas, deposition subpoenas, subpoenas to appear at a hearing, and subpoenas duces tecum, serve different purposes in the bankruptcy proceedings.
New York Subpoena in a Case Under the Bankruptcy Code - B 256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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(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.