Queens New York Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
An Information Subpoena is generally served by Certified or Registered Mail, Return Receipt Requested, or it may alternatively be served by personal delivery or by using the Substituted Service or Conspicuous Service method.
If you would like to subpoena a witness or documents, you must come to the Clerk's office and fill out the subpoena forms. Click on Locations to find out where to go in your county. You can also get help with a subpoena from the Help Center or from the court attorneys in the Part where your case is assigned.
If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.
To do that, fill out a subpoena form and be sure to include the following information: The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to
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.
If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.
Although it does not expressly include service by e-mail, case law is evolving so that service via e-mail is increasingly accepted by New York courts.
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.
