New York Notice of Subpoena
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How to fill out Notice Of Subpoena?
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FAQ
A notice to produce is used by a party to proceedings to request documents or other items. A reasonable period of time to respond to a notice to produce is 14 days after service of the notice. Unlike a subpoena, a notice to produce does not require conduct money.
Any witness must be served a reasonable amount of time prior to the date of appearance. It is suggested that service be at least 5 days before the date of the hearing.
Service of a subpoena upon a witness may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court.
Serving a Trial Testimonial Subpoena on a PartyA testimonial subpoena requiring the attendance at trial of a party or of someone in the party's control may be served on the party's attorney (CPLR 2303-a). The permissible methods of service include: Delivering the subpoena to the attorney personally (CPLR 2103(b)(1)).
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
Either party in a case may apply for a subpoena for a witness up to 48 hours before the scheduled trial date. The application is available on this web site (Click here for application and Civil Subpoena form - download in ADOBE ACROBAT) or from the Clerk of the City Court.
Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to
In New South Wales, Notices to Produce are governed by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A Notice to Produce is a procedure through which a party to proceedings may serve on another party a notice requiring the production of specified documents, or things (such as a computer).
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
