§ 610.20 — Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued

New York § 610.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title R: Procedures For Securing Attendance of Witnesses In Criminal Actions
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 610: Securing Attendance of Witnesses By Subpoena

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§ 610.20 Securing attendance of witnesses by subpoena; when and by whom\n subpoena may be issued.\n 1. Any criminal court may issue a subpoena for the attendance of a\nwitness in any criminal action or proceeding in such court.\n 2. A district attorney, or other prosecutor where appropriate, as an\nofficer of a criminal court in which he is conducting the prosecution of\na criminal action or proceeding, may issue a subpoena of such court,\nsubscribed by himself, for the attendance in such court or a grand jury\nthereof of any witness whom the people are entitled to call in such\naction or proceeding.\n 3. An attorney for a defendant in a criminal action or proceeding, as\nan officer of a criminal court, may issue a subpoena of such court,\nsubscribed by himself, for the attendance in such court of any witness\nwhom the defendant is entitled to call in such action or proceeding. An\nattorney for a defendant may not issue a subpoena duces tecum of the\ncourt directed to any department, bureau or agency of the state or of a\npolitical subdivision thereof, or to any officer or representative\nthereof, unless the subpoena is indorsed by the court and provides at\nleast three days for the production of the requested materials. In the\ncase of an emergency, the court may by order dispense with the three-day\nproduction period.\n 4. The showing required to sustain any subpoena under this section is\nthat the testimony or evidence sought is reasonably likely to be\nrelevant and material to the proceedings, and the subpoena is not\noverbroad or unreasonably burdensome.\n