§ 2305 — Attendance required pursuant to subpoena; possession of books, records, documents or papers

New York § 2305

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

Text

§ 2305. Attendance required pursuant to subpoena; possession of books,\nrecords, documents or papers. (a) When person required to attend. A\nsubpoena may provide that the person subpoenaed shall appear on the date\nstated and any recessed or adjourned date of the trial, hearing or\nexamination. If he is given reasonable notice of such recess or\nadjournment, no further process shall be required to compel his\nattendance on the adjourned date. At the end of each day's attendance,\nthe person subpoenaed may demand his fee for the next day on which he is\nto attend. If the fee is not then paid, he shall be deemed discharged.\n (b) Subpoena duces tecum; attendance by substitute. 1. A subpoena\nduces tecum may be joined with a subpoena to testify at a trial, hearing\nor examination or may be issued separately.\n 2. Any person may comply with a subpoena duces tecum for a trial,\nhearing or examination by having the requisite books, documents or\nthings produced by a person able to identify them and testify respecting\ntheir origin, purpose and custody.\n (c) Inspection, examination and audit of records. Whenever by statute\nany department or agency of government, or officer thereof, is\nauthorized to issue a subpoena requiring the production of books,\nrecords, documents or papers, the issuing party shall have the right to\nthe possession of such material for a period of time, and on terms and\nconditions, as may reasonably be required for the inspection,\nexamination or audit of the material. The reasonableness of such\npossession, time, terms, and conditions shall be determined with\nconsideration for, among other things, (i) the good cause shown by the\nissuing party, (ii) the rights and needs of the person subpoenaed, and\n(iii) the feasibility and appropriateness of making copies of the\nmaterial. The cost of reproduction and transportation incident thereto\nshall be borne by the person or party issuing the subpoena unless the\ncourt determines otherwise in the interest of justice.\n (d) Subpoena duces tecum for a trial; service of subpoena and delivery\nfor records. Where a trial subpoena directs service of the subpoenaed\ndocuments to the attorney or self-represented party at the return\naddress set forth in the subpoena, a copy of the subpoena shall be\nserved upon all parties simultaneously and the party receiving such\nsubpoenaed records, in any format, shall deliver a complete copy of such\nrecords in the same format to all opposing counsel and self-represented\nparties where applicable, forthwith.\n