CPLR ART 23 Flashcards
2301- Scope of Subpoena
Subpoenas are used for a variety of needs:
- Attendance of a person for _________
- Subpoena Duces Tecum- production of ________and _________
- A ___________ subpoena issued by local social service district or office of temporary and disability assistance, or other child support agency
- A trial subpoena duces tecum shall state on its face that all papers and other items delivered to the court shall include a copy of ____________
Testimony……… books and records…… child support ………. the subpoena
2302- Authority to Issue Subpoena
WITHOUT COURT ORDER:
- ________ of the court
- A _________ where there is no clerk
- A ___________ for a party in an action or proceeding
- The _____________
- An arbitrator, referee or member of a board, commission or committee to hear issues
- A child support subpoena may be issued by the _______________
- An assortment of tribunals, committees, agencies have subpoena power.
Clerk……… judge……… attorney of record………. attorney general……. Support collection unit
2302- Authority to Issue Subpoena
When you need a COURT ORDER:
- Compel attendance of an incarcerated witness - A motion for such subpoena shall be on ___________ notice to the person in charge of the penitentiary.
- To compel the production of an original record or document where a certified copy or transcript is admissible as evidence - A motion for such subpoena shall also be made on __________ notice to the custodian of such records
ONE (1) DAYS……….. ONE (1) DAYS
2302- Authority to Issue Subpoena
Generally a subpoena is issued by the judge where the ___________
action is pending
2302- Authority to Issue Subpoena
- In the absence of authorization by a patient, a trial subpoena duces tecum for medical records may only be issued by __________
- **Mental hygiene records require ____________ **
a court…… a court order
2303- Service of Subpoena
A subpoena is served in the same manner as a _________ - over the age of eighteen and not a party to the action,etc.
But take note:
** The filing of proof of service shall not be required when effectuated by _______service or ________ service
- Service is complete upon the latter of affixing or mailing of the subpoena
Summons ……… SAD service or NAIL and MAIL**
2303- Service of Subpoena
- Any person subpoenaed shall be paid or tendered in advance authorized traveling expenses and ____________ witness fee
- Article 8001 “Fees” indicates: A person for whom their attendance is compelled shall receive ___________ dollars for each day’s attendance plus __________ as travel expenses for each mile traveled. EXCEPT: Travel wholly within a city, like on a subway ride
ONE (1) DAYS……… FIFTEEN (15.00) …….. .23 cents
2303- Service of Subpoena
A copy of a subpoena duces tecum in a civil judicial proceeding must be served on __________ that has appeared ____________ serving the witness and __________ production of items
each party…..after…….. before
2303- Service of Subpoena
- A child support subpoena served on public utility companies and corporations can be made by ____________ or an automated process through an automated database
- All other child support subpoenas shall be served in the same manner as a _________
regular mail…….. summons
2303-a Service of a trial subpoena
- When the attendance at trial of a party or person can be compelled by a trial subpoena, that subpoena may be served by delivery to the party’s __________
attorney of record
2304- A motion to Quash, Fix or Modify+
A motion to Quash, Fix or Modify a subpoena shall be made in the court where the subpoena is returnable, unless not returnable in a court, then a request is made first to ________ who issued the subpoena to withdraw or modify it, thereafter a motion can be made to the ________
- Such motion with respect to a child support subpoena will be made to the __________ or __________
the person ………. Supreme Court………. Family Court or Supreme Court
2305- Attendance Required Pursuant to Subpoena
- A subpoena may provide that the person subpoenaed shall appear on the date stated and adjourned date.
- If he is given reasonable notice of such recess or adjournment, ______________ shall be required to compel his attendance on the adjourned date.
no further process
2305- Attendance Required Pursuant to Subpoena
- A subpoenaed person at the end of each day’s attendance may demand his fee for the _______ for which he is to attend.
- If the fee is not paid he shall be deemed _________
next day ……. discharged
2305- Attendance Required Pursuant to Subpoena
A subpoena duces tecum may be complied with by sending _________ who can testify to explain the records, origin, and purpose
any person
2305- Attendance Required Pursuant to Subpoena
- Whenever by statute any department or agency of government is authorized to issue a subpoena for production of records or books, the issuing party shall have the right to possession of such documents for __________ for inspection or audit of the material
- The cost of reproduction and transportation of documents shall be paid by the person or party _____________ unless the court determines otherwise in the interest of justice.
a reasonable time …….. issuing the subpoena
2305- Attendance Required Pursuant to Subpoena
(Newish) (Bard) If a trial subpoena directs service of the subpoenaed documents to the attorney or self-represented party, a copy of the subpoena must be served on _________ simultaneously and the party receiving the subpoenaed documents must deliver a copy to all opposing parties forthwith
all parties
2306- Hospital Records, Medical Records
Subpoena for Hospital or Medical Records shall be served at least _________ before the time for the production of the records
(Copies certified as correct by the superintendent or head of the hospital, department or bureau or his assistant, or the officer, may be produced unless otherwise ordered by a court)
THREE(3)DAYS
2306- Hospital Records, Medical Records
- The court can designate ________ to receive such records and provide receipt as well as notify producer of such records when they are no longer needed
- The records shall be delivered in a _________ indicating the title of the action, the date fixed for production and the name and address of the attorney appearing on the subpoena, and shall be available for inspection pursuant to rules or order of the court.
a clerk ……….. sealed envelope
2307- Books Papers and Other Things
- A subpoena for books, papers and other things on a library, department or bureau of the state SHALL be issued by a justice of the _____________ Court where such record is located or by a judge in the court where the action is triable.
- A motion for the subpoena will be on _________ notice to the custodian of the book or item and the Subpoena itself must be served at least __________ in advance of the required production
Supreme……. ONE (1)DAYS…….. TWENTY-FOUR (24) HOURS
2307- Books Papers and Other Things
Copies certified by the person __________ of the subpoenaed organization will suffice
in charge
2307- Books Papers and Other Things
Where a stipulation would serve the same purpose as production of the items, but the parties won’t stipulate, the judge may impose the cost for _________ on any party
production
2308- Disobedience of a Subpoena
Judicial:
- Failure to comply with a Subpoena issued by judge, clerk or officer of the court is considered ________
- If the person who disobeys is a party, their pleadings (MAY/SHALL) be struck
contempt of court…… MAY
2308- Disobedience of a Subpoena
Judicial:
The person not complying with the subpoena could be liable to the person who requested the Judicial subpoena for a penalty of ____________ plus damages sustained by reason of failure to comply. These are new amounts…Know This!
ONE HUNDRED AND FIFTY (150) DOLLARS
2308- Disobedience of a Subpoena
Judicial:
A WARRANT could be issued for the person who failed to appear or produce records and they can be put in jail __________ until they comply with what is being asked of them. YIKES!
indefinitely
