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NYS CPLR Samples

At the Ex-Parte Office at the Supreme Court of the State of New York, held in and for the County of
___________________________ 

on the ___ day of ____________ , 20___

 

Present:  Hon. __________________________________

-----------------------------------------------------------X

In the Matter of the Application of

Name of Petitioner
                                          Petitioner                               ORDER
pursuant to CPLR 3102(e)
For an Order taking the deposition of                          CPLR 3102(e)

Name of Respondent(s) (Witness(s)),
                                                Respondent                     Index No.

(and/or) for the production of documents by
Name of Respondent(s) (Witness(s))
for use in an action pending in the State of State
entitled

Short case caption of out of state action

-----------------------------------------------------------X

            An application having been made by the petitioner for the taking of the deposition of Name of Respondent(s) (Witness(s)) (and/or the production of document by Name of Respondent(s) (Witness(s)) pursuant to a commission issued in connection with an action pending in the Name of Court, State of ?; and upon reading the affidavit of Name of New York attorney sworn to on jurat date together with the commission, and it appearing that the taking of the testimony of Name of Respondent(s) (Witness(s)) (and/or the production of documents) is necessary and proper, it is hereby

            ORDERED:  that pursuant to CPLR 3102(e) that the respondent is directed to appear at TIME, DATE and EXACT PLACE before a notary public or other person authorized to administer oaths in order to give testimony (and/or produce documents). And it is further

            ORDERED:  that personal service of a copy of this order and an appropriate New York Subpoena (and/or Subpoena Duces Tecum) shall be made upon the respondent on or before __________________________.  And it is further

            ORDERED:  that a copy of this order and the subpoena be mailed or faxed to all

attorneys in the out of state action on or before the above date.

                                                           ENTER

                                                            
_____________________    
                                                           
JSC

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