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NewYork State CPLR sec. 3102(e):
Ex Parte Application to take the deposition of an instate witness
for use in an out of state action.

(Click here for complete instructions and sample order)

We can assist you in the procedures required to compel testimony and delivery of materials from New York State witnesses pursuant to the procedures of  NYS Civil Practice Law & Rules section 3102(e).  Of course, you will need to retain New York counsel to make this ex-parte application.  In this regard, if you need counsel in New York.  You can call us for a referral if you do not have counsel of your own.  To make this applications, you will need to provide the following documents:

  • Your affirmation as to why the testimony or materials you seek are necessary and material to your (out of state) action
  • copy of pertinent pleadings (usually the complaint).

New York counsel will prepare an additional affirmation in support, the order and the subpoena(s) to the witness(es).  You must purchase an index number and you may need to pay the additional fee for the required Request for Judicial Intervention form (depending on county rules).   Please note that New York State rules require witnesses to receive at least 20 days notice for the examination (this is 20 days from the date of service of the subpoena).   If you are under a discovery deadline, please bring this to the attention of New York counsel as a request may be made for the order to direct a shorter notice period. But be aware that this will be at the discretion of the court.  Currently, witnesses receive a $15 fee for a subpoena for testimony and $18 for a subpoena for the production of materials, and mileage may be required depended on the location of the witness and the location of the deposition.   Target Research Services will submit the application in court and provide all follow up services, including service of process upon the witness(es).  Call us for more information or assistance.

For local legal representation in New York or New Jersey in the preparation and submission of all applications, motions, petitions and actions, or to conduct examinations and depositions, CONTACT US FOR REFERRALS
 

Links to court forms
 

New York Statewide www.courts.state.ny.us/forms/index.shtml
New York Courthelp www.nycourts.gov/courthelp/
New York Supreme Court, NY County www.courts.state.ny.us/supctmanh/other_forms.htm
New York Surrogate's Statewide www.courts.state.ny.us/forms/surrogates/index.shtml
New Jersey Statewide www.judiciary.state.nj.us/forms.htm
US Federal District Courts www.uscourts.gov/forms/uscforms.html
US Federal Bankruptcy Courts www.uscourts.gov/bkforms/index.html
   

Non-Judicial Forms

New Jersey Property Tax/Transfer www.state.nj.us/treasury/taxation/
   

 

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