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This entry was published on 2014-09-22
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SECTION 610.25
Securing attendance of witness by subpoena; possession of physical evidence
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 610
§ 610.25 Securing attendance of witness by subpoena; possession of

physical evidence.

1. Where a subpoena duces tecum is issued on reasonable notice to the
person subpoenaed, the court or grand jury shall have the right to
possession of the subpoenaed evidence. Such evidence may be retained by
the court, grand jury or district attorney on behalf of the grand jury.

2. The possession shall be for a period of time, and on terms and
conditions, as may reasonably be required for the action or proceeding.
The reasonableness of such possession, time, terms, and conditions shall
be determined with consideration for, among other things, (a) the good
cause shown by the party issuing the subpoena or in whose behalf the
subpoena is issued, (b) the rights and legitimate needs of the person
subpoenaed and (c) the feasibility and appropriateness of making copies
of the evidence. The cost of reproduction and transportation incident
thereto shall be borne by the person or party issuing the subpoena
unless the court determines otherwise in the interest of justice.
Nothing in this article shall be deemed to prohibit the designation of a
return date for a subpoena duces tecum prior to trial. Where physical
evidence specified to be produced will be sought to be retained in
custody, notice of such fact shall be given the subpoenaed party. In
any case where the court receives or retains evidence prior to trial, it
may, as may otherwise be authorized by law, grant the issuing party a
reasonable opportunity to inspect such evidence.