Subpoenas in New York: Subpoena Duces Tecum (Discovery)

by Practical Law Litigation

A Standard Document that is a sample subpoena duces tecum for obtaining documents, things, and electronically stored information (ESI) during discovery in a New York civil action. Primarily intended for use with nonparties, this Standard Document helps counsel command an individual or entity to produce items in their custody or control, in accordance with the New York Civil Practice Law and Rules (CPLR). It includes key provisions and drafting guidance on specifying the items to be produced with reasonable particularity, providing notice of the circumstances for seeking disclosure from a nonparty, and requesting medical records with the required patient authorization. This Standard Document also contains an affirmation of service and a certification of business records, with drafting notes explaining the rules for proper service of process, proof of service under CPLR 2106, and the authentication of business records for admissibility under CPLR 3122-a.