Subpoenas in New York: Serving a Subpoena

by Practical Law Litigation

A Practice Note describing the procedural requirements and key considerations for serving an enforceable subpoena on parties and nonparties in New York litigation. This Practice Note explains the rules under the New York Civil Practice Law and Rules (CPLR) for various types of subpoenas, including testimonial, document, and information subpoenas. It outlines who is authorized to serve a subpoena, the proper methods and timing of service, and the territorial limits for different New York courts. This Practice Note also provides guidance on serving out-of-state nonparty witnesses, including the use of the Uniform Interstate Depositions and Discovery Act (UIDDA), commissions, and letters rogatory. Additionally, it addresses the mandatory payment of witness fees and document production costs, the requirements for preparing a proof of service, and the obligation to provide notice to all other parties in the action.