New York

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within New York:

The party seeking the subpoena must comply with the following statute:

Click here for New York’s compliance with Uniform Interstate Depositions and Discovery Act

Click here for New York CPLR Section 3119

Serving the subpoena:

Click here for New York State CPLR section 2303

New York sample subpoena:

Click here for New York Subpoena form

Click here for New York Courts Main Forms Website

Required Steps:

Two options for New York:

Under Rule 3119, UIDDA (NYS C.P.L.R. section 3119)

  1. To request issuance of a subpoena under this section, a party must submit an out of state subpoena to a clerk of court in the county in which discovery is sought to be conducted in New York. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.
  2. When a party submits an out of state subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the out of state subpoena is directed.
  3. A subpoena under this section must:
    1. Incorporate the terms used in the out of state subpoena; and
    2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
  4. Service of subpoena shall be in compliance with New York rules.
  5. Pay any court costs/filing fees as specified per county.

Using an attorney licensed in New York

If a party to an out of state proceeding retains an attorney licensed to practice law in New York, and that attorney receives the original or a true copy of an out of state subpoena, the attorney may issue the subpoena under C.P.L.R. section 3119

Witness fees:

As per CPLR 8001, witnesses shall receive $15 per day and .23 per mile to and from the place of attendance specified in the subpoena.  For a witness subpoena Duces Tecum, add $3.00 per day attendance.

Notice time:

a subpoena must be served 20 days before the return date.

Notice to adverse parties:

A subpoena for records must also be served on all parties to the action following CPLR § 2303.