§ 2303 — Service of subpoena; payment of fees in advance

New York § 2303

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

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§ 2303. Service of subpoena; payment of fees in advance. (a) A\nsubpoena requiring attendance or a subpoena duces tecum shall be served\nin the same manner as a summons, except that where service of such a\nsubpoena is made pursuant to subdivision two or four of section three\nhundred eight of this chapter, the filing of proof of service shall not\nbe required and service shall be deemed complete upon the later of the\ndelivering or mailing of the subpoena, if made pursuant to subdivision\ntwo of section three hundred eight of this chapter, or upon the later of\nthe affixing or mailing of the subpoena, if made pursuant to subdivision\nfour of section three hundred eight of this chapter. Any person\nsubpoenaed shall be paid or tendered in advance authorized traveling\nexpenses and one day's witness fee. A copy of any subpoena duces tecum\nserved in a pending civil judicial proceeding shall also be served, in\nthe manner set forth in rule twenty-one hundred three of this chapter,\non each party who has appeared in the civil judicial proceeding so that\nit is received by such parties promptly after service on the witness and\nbefore the production of books, papers or other things.\n (b) A child support subpoena issued pursuant to section one hundred\neleven-p of the social services law to public utility companies and\ncorporations, including but not limited to cable television, gas,\nelectric, steam, and telephone companies and corporations, as defined in\nsection two of the public service law, may be served by regular mail, or\nthrough an automated process where information sought is maintained in\nan automated data base. All other child support subpoenas issued\npursuant to section one hundred eleven-p of the social services law\nshall be served in accordance with the provisions of subdivision (a) of\nthis section.\n