Target Research & Investigation Corporation

NY Witness Subpoenas

We can assist you in the procedures required to compel the testimony and delivery of materials from New York State based witnesses pursuant to the procedures of  NYS Civil Practice Law & Rules section 3102(e).  

You will need to issue a New York State subpoena to compel any witness residing or having a place of business within the state to appear at a deposition or provide documents for use in an action venued outside of New York.  To do so, you must make an ex-parte application before the regular trial court (the New York State Supreme Court) in the county where your witness resides or does business.  If you have two or more witnesses in New York found in more than one county, a separate application will need to be made in each county.

You will need to retain New York counsel to make this ex-parte application.  If you need counsel in New York, call us for a referral.  To make this application, you will need to provide the following documents:

  • Your affirmation as to why the testimony and/or documents you seek are pertinent and necessary to your (out of state) action / proceeding.
  • Copy of pertinent pleadings (generally this means the complaint - without exhibits)

New York counsel will prepare an additional affirmation in support, the order and the subpoena(s) to the witness(es).  Each county in New York has its own rules.  In New York County (Manhattan), you must purchase an index number ($210) and pay the additional fee for the required Request for Judicial Intervention ($75). In addition, 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.  A request may be made for the court for a shorter notice period. This will be at the discretion of the court.  Currently, witnesses receive a fee $18 plus an additional amount for mileage (no mileage fee for travel wholly within a city).  You may need to issue one subpoena for testimony and one subpoena for the production of documents or other materials. 

Once the complete application has been prepared, Target Research 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.

Click here for sample order

Click here for instructions provided by the New York County Clerk

 

 

 

 

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