| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 17, 2016 |
committed to rules |
| May 09, 2016 |
advanced to third reading |
| May 05, 2016 |
2nd report cal. |
| May 04, 2016 |
1st report cal.668 |
| Jan 06, 2016 |
referred to judiciary |
| Jun 25, 2015 |
committed to rules |
| Jun 02, 2015 |
advanced to third reading |
| Jun 01, 2015 |
2nd report cal. |
| May 28, 2015 |
1st report cal.1043 |
| May 20, 2015 |
referred to judiciary |
Senate Bill S5621
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
2015-S5621 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7057
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง2305, CPLR
- Versions Introduced in 2017-2018 Legislative Session:
-
S4867, A6047
2015-S5621 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5621
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to a
subpoena of records for trial
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.
Our Advisory Committee has studied the procedures by which records
intended for use at trial are produced pursuant to a subpoena duces
tecum; and is of the view that counsel should have the option of
having trial material delivered to the attorney or self-represented
party at the return address set forth in the subpoena, rather than to
the clerk of the court. This is especially true where the materials
are in digital format and can be delivered on a disk or through other
electronic means.
In this measure, CPLR 2305 would be amended to add a new subdivision
(d) providing that where a trial subpoena directs service of the
subpoenaed documents to the attorney or self-represented party at the
return address set forth in the subpoena, a copy of the subpoena shall
be served upon all parties simultaneously and the party receiving such
subpoenaed records, in any format, shall deliver a complete copy of
2015-S5621 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5621
2015-2016 Regular Sessions
I N S E N A T E
May 20, 2015
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to a
subpoena of records for trial
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2305 of the civil practice law and rules is amended
by adding a new subdivision (d) to read as follows:
(D) SUBPOENA DUCES TECUM FOR A TRIAL; SERVICE OF SUBPOENA AND DELIVERY
FOR RECORDS. WHERE A TRIAL SUBPOENA DIRECTS SERVICE OF THE SUBPOENAED
DOCUMENTS TO THE ATTORNEY OR SELF-REPRESENTED PARTY AT THE RETURN
ADDRESS SET FORTH IN THE SUBPOENA, A COPY OF THE SUBPOENA SHALL BE
SERVED UPON ALL PARTIES SIMULTANEOUSLY AND THE PARTY RECEIVING SUCH
SUBPOENAED RECORDS, IN ANY FORMAT, SHALL DELIVER A COMPLETE COPY OF SUCH
RECORDS IN THE SAME FORMAT TO ALL OPPOSING COUNSEL AND SELF-REPRESENTED
PARTIES WHERE APPLICABLE, FORTHWITH.
S 2. This act shall take effect immediately and apply to all actions
pending on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09371-03-5
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