Subpoenas in New York: Responding to a Subpoena

by Practical Law Litigation

A Practice Note that provides guidance on how to respond to subpoenas in New York civil practice, whether they seek testimony (testimonial subpoenas), documents (document subpoenas), or information to aid enforcement of a money judgment (information subpoenas). This Practice Note examines the initial steps a recipient should take immediately after being served, such as calendaring the return date and preserving responsive documents, including electronically stored information (ESI). It explores the available options for responding to a subpoena, from full compliance to serving objections. This resource also explains how to challenge a subpoena's validity or scope by making a motion to quash, condition, or modify it under the New York Civil Practice Law and Rules (CPLR). Furthermore, it discusses the process for seeking a protective order to prevent unreasonable annoyance or prejudice. The guidance addresses the differing obligations for parties and nonparties and highlights the serious risks of failing to respond appropriately, which can include punishment for contempt of court.