§ 2302 — Authority to issue

New York § 2302

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 23: Subpoenas, Oaths and Affirmations

Text

§ 2302. Authority to issue. (a) Without court order. Subpoenas may be\nissued without a court order by the clerk of the court, a judge where\nthere is no clerk, the attorney general, an attorney of record for a\nparty to an action, an administrative proceeding or an arbitration, an\narbitrator, a referee, or any member of a board, commission or committee\nauthorized by law to hear, try or determine a matter or to do any other\nact, in an official capacity, in relation to which proof may be taken or\nthe attendance of a person as a witness may be required; provided,\nhowever, that a subpoena to compel production of a patient's clinical\nrecord maintained pursuant to the provisions of section 33.13 of the\nmental hygiene law shall be accompanied by a court order. A child\nsupport subpoena may be issued by the department, or the child support\nenforcement unit coordinator or support collection unit supervisor of a\nsocial services district, or his or her designee, or another state's\nchild support enforcement agency governed by title IV-D of the social\nsecurity act.\n (b) Issuance by court. A subpoena to compel production of an original\nrecord or document where a certified transcript or copy is admissible in\nevidence, or to compel attendance of any person confined in a\npenitentiary or jail, shall be issued by the court. Unless the court\norders otherwise, a motion for such subpoena shall be made on at least\none day's notice to the person having custody of the record, document or\nperson confined. A subpoena to produce a prisoner so confined shall be\nissued by a judge to whom a petition for habeas corpus could be made\nunder subdivision (b) of section seven thousand two of this chapter or a\njudge of the court of claims, if the matter is pending before the court\nof claims, or a judge of the surrogate's court, if the matter is pending\nbefore the surrogate's court, or a judge or support magistrate of the\nfamily court, if the matter is pending before the family court, or a\njudge of the New York city civil court, if the matter is pending before\nthe New York city civil court and it has been removed thereto from the\nsupreme court pursuant to subdivision (d) of section three hundred\ntwenty-five of this chapter. In the absence of an authorization by a\npatient, a trial subpoena duces tecum for the patient's medical records\nmay only be issued by a court.\n