CPLR ART 23 & 24 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+
- 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
2308- Disobedience of a Subpoena
Non-Judicial:
- Failure to comply with a subpoena not issued by the court, (ex. Administrative hearing or Arbitration hearing) requires the person issuing the Subpoena to move in Court for compliance.
- If the court finds it to be an authorized Subpoena, it may impose costs not exceeding __________ and another ____________ payable to the person on whose behalf the subpoena was issued, plus damages
FIFTY(50) Dollars……… FIFTY(50) Dollars
2308- Disobedience of a Subpoena
Non-Judicial:
- The court may issue a warrant to have the sheriff bring the subpoenaed person to the location that they were subpoenaed to attend.
- If upon their arrival they refuse to comply with the subpoena, then they can be incarcerated indefinitely until they comply, just like for failure to comply with a subpoena issued by a court above
- If a person insists on refusing to comply with the subpoena, the court can direct him to be held in custody until he submits to do the act which he is being required to do. He shall be brought out for review at intervals of no more than every_________ to see if he has a change of heart
NINETY(90) DAYS
2308- Disobedience of a Subpoena
Non-Judicial:
Failure to comply with Social service subpoena or from another state’s child support act, a penalty may be imposed not to exceed __________ , which would not need to be paid if there is immediate compliance
FIFTY (50.00) DOLLARS
2308- Disobedience of a Subpoena
For reviews of commitment, the clerk shall send out _________ of the date, time, and place to all parties or their attorneys that have appeared at their last known addresses
notices
2308- Disobedience of a Subpoena
In both judicial and non-judicial subpoenas, warrants of commitment shall specify particularly the cause of the commitment and, if the witness is committed for refusing to answer a question, the ________ shall be inserted in the warrant.
question
2309- Oaths and Affirmations
Persons authorized to administer an OATH or AFFIRMATION
- Any person authorized to take _____________ by the REAL PROPERTY LAW
- Any person authorized by state law to __________ (for that purpose)
- A clerk of court or his deputies can administer oaths to _____________
This section shall not apply to an oath of _______.
acknowledgments of deeds……… receive evidence……… a juror or jurors…. office
2309- Oaths and Affirmations
Form: The oath or affirmation shall be administered in a form calculated to awaken the conscience and impress upon the mind in accordance with ________ or ________ beliefs
religious or ethical
2309- Oaths and Affirmations
An oath or affirmation taken without the state shall be treated as if taken within the state if it is accompanied by such certificate or certificates as would be required to entitle a deed acknowledged without the state to be recorded within the state if such deed had been acknowledged before the officer who administered the oath or affirmation.
2309- Oaths and Affirmations
An oath or affirmation taken without the state shall be treated as if taken within the state if it is accompanied by such certificate or certificates as would be required to entitle a deed acknowledged without the state to be recorded within the state if such deed had been acknowledged before the officer who administered the oath or affirmation.
2309- Oaths and Affirmations
There are special rules regarding the taking of an oath upon a person enlisted in the __________ which requires the rank and serial number of the person taking the oath or even of the person giving the oath if they are in the armed forces as well
military
2401- Order when Publication Cannot Be Made
Where circumstances beyond the control of a party occur and they are unable to complete or commence publication as directed by statute, rule or court order, the court may order such other publication as will not unduly _________ the other party
prejudice
2401- Order when Publication Cannot Be Made
If publication cannot be completed due to suspension or termination of the newspaper’s publication, the party can complete the required publication with __________ without order of the court as long as it complies with the statute, law, or order
any other newspaper
2402- Computation of Time for Publication of Notice
The period of publication of a legal notice shall be computed by excluding the _______ day of publication and including the day which completes the full period of publication or the day which the act or event of which notice is given is to take place
first
