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This entry was published on 2018-08-31
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Attendance required pursuant to subpoena; possession of books, records, documents or papers
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 23
§ 2305. Attendance required pursuant to subpoena; possession of books,
records, documents or papers. (a) When person required to attend. A
subpoena may provide that the person subpoenaed shall appear on the date
stated and any recessed or adjourned date of the trial, hearing or
examination. If he is given reasonable notice of such recess or
adjournment, no further process shall be required to compel his
attendance on the adjourned date. At the end of each day's attendance,
the person subpoenaed may demand his fee for the next day on which he is
to attend. If the fee is not then paid, he shall be deemed discharged.

(b) Subpoena duces tecum; attendance by substitute. 1. A subpoena
duces tecum may be joined with a subpoena to testify at a trial, hearing
or examination or may be issued separately.

2. Any person may comply with a subpoena duces tecum for a trial,
hearing or examination by having the requisite books, documents or
things produced by a person able to identify them and testify respecting
their origin, purpose and custody.

(c) Inspection, examination and audit of records. Whenever by statute
any department or agency of government, or officer thereof, is
authorized to issue a subpoena requiring the production of books,
records, documents or papers, the issuing party shall have the right to
the possession of such material for a period of time, and on terms and
conditions, as may reasonably be required for the inspection,
examination or audit of the material. The reasonableness of such
possession, time, terms, and conditions shall be determined with
consideration for, among other things, (i) the good cause shown by the
issuing party, (ii) the rights and needs of the person subpoenaed, and
(iii) the feasibility and appropriateness of making copies of the
material. 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.

(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.