| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Aug 24, 2018 | signed chap.218 |
| Aug 13, 2018 | delivered to governor |
| Jun 19, 2018 | returned to assembly passed senate 3rd reading cal.319 substituted for s4867 |
| Jun 19, 2018 | substituted by a6047 |
| Feb 06, 2018 | advanced to third reading |
| Feb 05, 2018 | 2nd report cal. |
| Jan 30, 2018 | 1st report cal.319 |
| Jan 03, 2018 | referred to judiciary |
| Jun 21, 2017 | committed to rules |
| Mar 21, 2017 | advanced to third reading |
| Mar 20, 2017 | 2nd report cal. |
| Mar 15, 2017 | 1st report cal.428 |
| Mar 03, 2017 | referred to judiciary |
senate Bill S4867
Signed By Governor2017-2018 Legislative Session
Sponsored By
John J. Bonacic
(R, C, IP) 0 Senate District
Archive: Last Bill Status Via A6047 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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S4867 (ACTIVE) - Details
S4867 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4867 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 such records in the same format to all opposing counsel and self-represented parties where applicable, forthwith.
S4867 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4867
2017-2018 Regular Sessions
I N S E N A T E
March 3, 2017
___________
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.
§ 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.
LBD06661-01-7
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