New York § 610.25 Securing attendance of witness by subpoena; possession of physical evidence

New York Statutes

§ 610.25 — Securing attendance of witness by subpoena; possession of physical evidence

New York § 610.25

JurisdictionNew York

Law CPLCriminal Procedure

Title RProcedures For Securing Attendance of Witnesses In Criminal Actions

Part 3Special Proceedings and Miscellaneous Procedures

Art. 610Securing Attendance of Witnesses By Subpoena

This text of New York § 610.25 (Securing attendance of witness by subpoena; possession of physical evidence) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 610.25 (2026).

Text

§ 610.25  Securing attendance of witness by subpoena; possession of\n             physical evidence.\n  1.  Where a subpoena duces tecum is issued on reasonable notice to the\nperson subpoenaed, the court or grand jury shall have the right to\npossession of the subpoenaed evidence.  Such evidence may be retained by\nthe court, grand jury or district attorney on behalf of the grand jury.\n  2.  The possession shall be for a period of time, and on terms and\nconditions, as may reasonably be required for the action or proceeding.\nThe reasonableness of such possession, time, terms, and conditions shall\nbe determined with consideration for, among other things, (a) the good\ncause shown by the party issuing the subpoena or in whose behalf the\nsubpoena is issued, (b) the rights and legitimate 

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§ 610.25 Securing attendance of witness by subpoena; possession of\n physical evidence.\n 1. Where a subpoena duces tecum is issued on reasonable notice to the\nperson subpoenaed, the court or grand jury shall have the right to\npossession of the subpoenaed evidence. Such evidence may be retained by\nthe court, grand jury or district attorney on behalf of the grand jury.\n 2. The possession shall be for a period of time, and on terms and\nconditions, as may reasonably be required for the action or proceeding.\nThe reasonableness of such possession, time, terms, and conditions shall\nbe determined with consideration for, among other things, (a) the good\ncause shown by the party issuing the subpoena or in whose behalf the\nsubpoena is issued, (b) the rights and legitimate needs of the person\nsubpoenaed and (c) the feasibility and appropriateness of making copies\nof the evidence. The cost of reproduction and transportation incident\nthereto shall be borne by the person or party issuing the subpoena\nunless the court determines otherwise in the interest of justice.\nNothing in this article shall be deemed to prohibit the designation of a\nreturn date for a subpoena duces tecum prior to trial. Where physical\nevidence specified to be produced will be sought to be retained in\ncustody, notice of such fact shall be given the subpoenaed party. In\nany case where the court receives or retains evidence prior to trial, it\nmay, as may otherwise be authorized by law, grant the issuing party a\nreasonable opportunity to inspect such evidence.\n