Subpoenas in New York: Drafting a Subpoena

by Practical Law Litigation

A Practice Note that addresses the main issues to consider when preparing a subpoena in a New York civil proceeding. This Practice Note discusses the use of subpoenas to obtain information or testimony from nonparties at various stages of litigation, including for pre-trial disclosure, at trial, and to aid in the enforcement of money judgments. It provides guidance on the different types of subpoenas available under the New York Civil Practice Law and Rules (CPLR), such as testimonial subpoenas, document subpoenas (subpoenas duces tecum), and information subpoenas. This resource also reviews the statutes and court rules governing subpoenas, including the CPLR and the Uniform Civil Rules for the Supreme Court, County Court, and Commercial Division. It outlines the scope of permissible discovery from nonparties, authority requirements for issuing a subpoena, and key drafting considerations, including specific requirements for remote depositions, entity depositions, and subpoenas seeking electronically stored information (ESI).