§ 2308 — Disobedience of subpoena

New York § 2308

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

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§ 2308. Disobedience of subpoena. (a) Judicial. Failure to comply with\na subpoena issued by a judge, clerk or officer of the court shall be\npunishable as a contempt of court. If the witness is a party the court\nmay also strike his or her pleadings. A subpoenaed person shall also be\nliable to the person on whose behalf the subpoena was issued for a\npenalty not exceeding one hundred fifty dollars and damages sustained by\nreason of the failure to comply. A court may issue a warrant directing a\nsheriff to bring the witness into court. If a person so subpoenaed\nattends or is brought into court, but refuses without reasonable cause\nto be examined, or to answer a legal and pertinent question, or to\nproduce a book, paper or other thing which he or she was directed to\nproduce by the subpoena, or to subscribe his or her deposition after it\nhas been correctly reduced to writing, the court may forthwith issue a\nwarrant directed to the sheriff of the county where the person is,\ncommitting him or her to jail, there to remain until he or she submits\nto do the act which he or she was so required to do or is discharged\naccording to law. Such a warrant of commitment shall specify\nparticularly the cause of the commitment and, if the witness is\ncommitted for refusing to answer a question, the question shall be\ninserted in the warrant.\n (b) Non-judicial. (1) Unless otherwise provided, if a person fails to\ncomply with a subpoena which is not returnable in a court, the issuer or\nthe person on whose behalf the subpoena was issued may move in the\nsupreme court to compel compliance. If the court finds that the subpoena\nwas authorized, it shall order compliance and may impose costs not\nexceeding fifty dollars. A subpoenaed person shall also be liable to the\nperson on whose behalf the subpoena was issued for a penalty not\nexceeding fifty dollars and damages sustained by reason of the failure\nto comply. A court may issue a warrant directing a sheriff to bring the\nwitness before the person or body requiring his appearance. If a person\nso subpoenaed attends or is brought before such person or body, but\nrefuses without reasonable cause to be examined, or to answer a legal\nand pertinent question, or to produce a book, paper or other thing which\nhe was directed to produce by the subpoena, or to subscribe his\ndeposition after it has been correctly reduced to writing, the court,\nupon proof by affidavit, may issue a warrant directed to the sheriff of\nthe county where the person is, committing him to jail, there to remain\nuntil he submits to do the act which he was so required to do or is\ndischarged according to law. Such a warrant of commitment shall specify\nparticularly the cause of the commitment and, if the witness is\ncommitted for refusing to answer a question, the question shall be\ninserted in the warrant.\n (2) Notwithstanding the provisions of paragraph one of this\nsubdivision, if a person fails to comply with a subpoena issued pursuant\nto section one hundred eleven-p of the social services law by the office\nof temporary and disability assistance or a social services district, or\nits authorized representative, or another state's child support\nenforcement agency governed by title IV-D of the social security act,\nsuch office or district is authorized to impose a penalty against the\nsubpoenaed person. The amount of the penalty shall be determined by the\ncommissioner of the office of temporary and disability assistance and\nset forth in regulation, and shall not exceed fifty dollars. Payment of\nthe penalty shall not be required, however, if in response to\nnotification of the imposition of the penalty the subpoenaed person\ncomplies immediately with the subpoena.\n (c) Review of proceedings. Within ninety days after the offender shall\nhave been committed to jail he shall, if not then discharged by law, be\nbrought, by the sheriff, or other officer, as a matter of course\npersonally before the court issuing the warrant of commitment and a\nreview of the proceedings shall then be held to determine whether the\noffender shall be discharged from commitment. At periodic intervals of\nnot more than ninety days following such review, the offender, if not\nthen discharged by law from such commitment, shall be brought, by the\nsheriff, or other officer, personally before the court issuing the\nwarrant of commitment and further reviews of the proceedings shall then\nbe held to determine whether he shall be discharged from commitment. The\nclerk of the court before which such review of the proceedings shall be\nheld, or the judge or justice of such court in case there be no clerk,\nshall give reasonable notice in writing of the date, time and place of\neach such review to each party or his attorney who shall have appeared\nof record in the proceeding resulting in the issuance of the warrant of\ncommitment, at their last known address.\n