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This entry was published on 2020-01-10
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SECTION 610.20
Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 610
§ 610.20 Securing attendance of witnesses by subpoena; when and by whom

subpoena may be issued.

1. Any criminal court may issue a subpoena for the attendance of a
witness in any criminal action or proceeding in such court.

2. A district attorney, or other prosecutor where appropriate, as an
officer of a criminal court in which he is conducting the prosecution of
a criminal action or proceeding, may issue a subpoena of such court,
subscribed by himself, for the attendance in such court or a grand jury
thereof of any witness whom the people are entitled to call in such
action or proceeding.

3. An attorney for a defendant in a criminal action or proceeding, as
an officer of a criminal court, may issue a subpoena of such court,
subscribed by himself, for the attendance in such court of any witness
whom the defendant is entitled to call in such action or proceeding. An
attorney for a defendant may not issue a subpoena duces tecum of the
court directed to any department, bureau or agency of the state or of a
political subdivision thereof, or to any officer or representative
thereof, unless the subpoena is indorsed by the court and provides at
least three days for the production of the requested materials. In the
case of an emergency, the court may by order dispense with the three-day
production period.

4. The showing required to sustain any subpoena under this section is
that the testimony or evidence sought is reasonably likely to be
relevant and material to the proceedings, and the subpoena is not
overbroad or unreasonably burdensome.