Subpoenas, oaths and warranties
Article 23 sections:
- NY CPLR § 2301. Scope of subpoena
- NY CPLR § 2302. Issuing authority
- NY CPLR § 2303. Service of summons; Prepayment of Fees
- New York CPLR § 2303-a. Appeal a summons
- NY CPLR § 2304. Request for cancellation, correction or amendment
- NY CPLR § 2305. Presence required by subpoena; Possession of books, records, documents or papers
- NY CPLR § 2306. Hospital records; Medical records from a department or agency of a city or state corporation
- NY CPLR § 2307. Books, papers, and other things of a library, department, or agency of a state or local corporation
- NY CPLR § 2308. Failure to serve a subpoena
- NY CPLR § 2309. Oaths and declarations
NY CPLR § 2301. SCOPE OF NOTICE
The summons requires the appearance of a significant person. The summons duces tecum requires the production of books, papers and other items. A subpoena for child support is a subpoena issued pursuant to Section 111-p of the Social Services Law by the Office of Temporary and Disability Assistance or a local district of social services or its authorized representative or an out-of-state child support enforcement agency pursuant to Title IV-D of the Social Security Act. A duces tecum summons must state, at the outset, that any document or other item delivered to the court pursuant to such summons must be accompanied by a copy of that summons.
NY CPLR § 2302. PERMISSION TO ISSUE
(a) Without a court order. Subpoenas may be issued without a warrant by a court clerk, a judge if there is no court clerk, the attorney general, counsel for one of the parties in a lawsuit, administrative proceeding, or arbitration, an arbitrator, arbitrator, or any member of a council, commission or committee, empowered by law to hear, decide or decide any matter, or to perform any other act in the exercise of his official functions in connection with which the testimony or appearance of a person is required As a Witness; provided, however, that a subpoena for the mandatory production of a patient's medical records is in accordance with the provisions of the Section 33.13 of the Mental Hygiene Law must be accompanied by a court order. A subpoena for child support may be issued by the department or coordinator of the child support unit or the supervisor of the auxiliary collection unit of a social service district or his/her designee or the child support authority of another title IV -D of the Social Security Law.
(b) Issuance by the Court. The court will issue a subpoena to compel the production of an original record or document when a transcript or certified copy is admissible as evidence, or to compel the appearance of an incarcerated person in a correctional facility or jail. Unless the court provides otherwise, the request for such subpoena must be made at least one day in advance to the person who has the file, document or person in custody. The summons to produce said prisoner is issued by a judge who, depending on the terms, may receive a warrant for his arrest. Subsection (b) of section seven thousand two of this Section, or a trial court judge if the matter is pending in the trial court, or a substitute court judge, if the matter is pending in the substitute court, or a family court judge or judge clerk, if the matter is pending in family court, or a New York City Civil Court judge if the matter is pending in New York City Civil Court and you have been removed by the Supreme Court pursuant to with this Subsection (d) of Section Three Hundred Twenty-five This chapter. In the absence of the patient's consent, the subpoena to the patient's medical record can only be issued by the court.
NY CPLR § 2303. NOTIFICATION SERVICE; PAY FEES IN ADVANCE
(a) A subpoena requiring an appearance or a subpoena duces tecum shall be served in the same manner as a subpoena, unless the subpoena is served in accordance with subdivision two o four of section three hundred and eight of this chapter, the presentation of proof of the summons is not required and the summons is considered completed at the time of service or delivery of the summons if, pursuant to art. Fraction two of section three hundred and eight of this chapter or after posting or mailing the subpoena if done in accordance with Fourth division of section three hundred and eight This chapter. Each subpoena must be paid or offered in advance for approved travel expenses and a daily witness fee. The copy of any summons duces tecum served in an ongoing civil proceeding will also be served pursuant to art. rule twenty one hundred three of this chapter by any of the parties that have appeared in the civil proceeding, so that said parties obtain it immediately after the witness is summoned and before the presentation of any book, paper or other matter.
(b) A summons for child support issued pursuant to Section 111-p of the Social Services Law to utilities and companies, including, but not limited to, cable television, gas, electric, steam, and telephone companies and companies, as defined in Second Section of the Civil Service Law , may be delivered by postal mail or through an automated process that may store the requested information in an automated database. All other child support citations issued pursuant to Section 111-p of the Social Services Law shall be notified in accordance with the provisions of subsection (a) of this Section.
New York CPLR § 2303-a. Verdict Summons Notice
If the appearance of a party or person under the control of the party in court may be compelled by a subpoena, such subpoena may be served by court service. Subsection (b) of Rule 2103 to the attorney for the party.
NY CPLR § 2304. REQUEST FOR REVOCATION, TRANSFER OF TERMS, OR MODIFICATION
Any request to vacate, condition, or modify a subpoena must be filed immediately with the court where the subpoena can be served. If the subpoena cannot be returned in court, a request for revocation or modification of the subpoena must first be made to the person who issued it, and then a request for rescission, condition, or modification can be made in the Supreme Court; except such request is made pursuant to a subpoena for child support Section 111-p of the Social Services Law You must go to a family court or a Supreme Court judge. Reasonable conditions may be placed on granting or denying a request for cancellation or modification.
NY CPLR § 2305. REQUIRED JURISDICTION AFTER FILING; POSSESSION OF BOOKS, RECORDS, DOCUMENTS OR FILES
(a) If the person is required to appear. A subpoena may provide for the subpoenaed person to appear on the specified date and at each interruption or interruption of the main hearing, hearing, or examination. If you receive reasonable notice of such suspension or rescheduling, no further procedure is required to compel you to attend the rescheduled appointment. At the end of each day of assistance, the person summoned may request payment of the fees corresponding to the next day of assistance. If the fee is not paid, it will be considered relieved.
(b) Guides intimate with you; participation by proxy
- The summons duces tecum may be issued together with the summons to testify at trial, hearing or interrogation, or it may be issued separately.
- Any person can summon duces tecum to trial, hearing or interrogation if they have the necessary books, documents or things produced by a person who can identify them and attest to their origin, destination and conservation.
(c) Inspection, audit and review of records. If a government department or agency or its employees are authorized by law to issue a subpoena requiring the production of any book, record, document or paper, the issuing party shall be entitled to possess such material for a period of time under the terms which can reasonably be expected to be necessary for the inspection, testing or testing of the material. The reasonableness of such possession, this term, these Terms will be determined, among other things, by consideration of (i) the just cause demonstrated by the issuer, (ii) the rights and needs of the person summoned and (iii) the feasibility and suitability of making copies of the material to be made. The person or party that issues the subpoena will bear the corresponding copying and transportation expenses, unless the court determines otherwise in the interest of the administration of justice.
NY CPLR § 2306. HOSPITAL RECORDS; DEPARTMENT OR OFFICE OF MEDICAL PROCEDURES OF A MUNICIPAL OR STATE COMPANY
(a) Transcription or Reproduction. When a subpoena du tecum is served on a hospital, department, or agency of a municipal or state body, or any of its employees, requesting the production of records of a patient's condition or treatment, a transcript, or a full-size legible reproduction , certified as correct by the superintendent or head of the hospital, department or office, or his assistant or officer, may be produced unless otherwise ordered by a court. This notice must be given at least three days before the deadline set for filing the documents, unless otherwise determined by a court.
(b) Delivery to Employees. If a court appoints a clerk to receive the records described in subsection (a), he or she may be notified before or at the time designated for delivery. The clerk receives the records and notifies the subpoena when they are no longer needed. Submissions will be delivered in a sealed envelope that will contain the title of the complaint, the date it was filed, and the name and address of the officer who issued the subpoena. They must be available for inspection in accordance with regulations or court orders.
NY CPLR § 2307. BOOKS, PAPERS, AND OTHER PROPERTY OF A LIBRARY, DEPARTMENT, ORDESKFROM A MUNICIPAL OR STATE COMPANY
issued by the court. The tecum summons to be sent by mail to the library, office or office of a municipal or state corporation, or of an employee thereof, requesting the production of books, papers or other things, is issued by a judge of the highest district court of the district in which the book, newspaper, or other thing is located, or by the judge of the court in which the action sought is brought. Unless otherwise ordered by the court, the request for such subpoena must be made at least one day in advance to the library, department, office or employee who has the book, document or other thing and the opposing party. Said subpoena must be delivered to said library or department or agency of said agency or local or state official that possesses the book, document or other object and to the opposing party at least twenty-four hours before the time indicated for the delivery of said Records. Unless the case is urgent, the court by order will refrain from notice that would otherwise be required. Compliance with a duces tecum citation may be achieved by providing a full-size, legible reproduction of the specimen or specimens to be produced, certified as complete and accurate by the person in charge of that library, department, or office, or a representative of that person. . , and personal appearance shall not be required for authentication of such item or items by such person or his agent, unless otherwise ordered by the court pursuant to Subsection (d) of Rule 2214 This chapter. If a disposition serves the same purpose as the production of the book, document, or something else, and a subpoena is required because the parties do not reach an agreement, the judge may impose conditions on either party, including the cost of producing the book or document, and request that these charges be paid as an additional fee to the library, department or staff.
The acquisition is the location:
NY CPLR § 2308. UNDERVALUATION DISORDER
(a) Judicial. Failure to comply with a subpoena issued by a judge, court clerk, or clerk is considered contempt of court. If the witness is one of the parties, the court may also reverse the witness's claims. A citation is also liable to the person on whose behalf the citation is issued for a fine not to exceed one hundred and fifty dollars and damages incurred as a result of noncompliance. A court may issue an order directing a bailiff to bring the witness to justice. If a person thus summoned appears or is produced before the court but refuses, without just cause, to be questioned or to answer a lawful and pertinent question or to present any book, newspaper or other matter ordered by the summons or by signing his testimony duly written, the court may immediately issue an order directed to the sheriff of the area in which the person is located, ordering him a term of imprisonment to remain there until he submits to the act which he was or is required by law to then do. In particular, such an arrest warrant must state the reason for the commitment and if the witness is arrested for refusing to answer a question, the question will be included in the arrest warrant.
(b) No judicial.
- If a person fails to comply with a subpoena that cannot be dismissed in a court of law, the issuer or the person on whose behalf the subpoena was issued may petition the higher court to enforce compliance, unless otherwise provided. If the court finds that the summons is approved, it will order performance and may award costs not to exceed fifty dollars. A citation is also liable to the person on whose behalf the citation is issued for a fine not to exceed fifty dollars and for damages incurred as a result of noncompliance. A court may issue an order directing a bailiff to present the witness of the person or agency requesting their appearance. When a person thus summoned appears or is presented before said person or body but refuses without just cause to be questioned or to answer a lawful and pertinent question or to present any book, newspaper or other matter that has been ordered to produce or sign his testimony through summons, after it has been duly made in writing, the court may, upon affidavit in evidence, issue an order directed to the sheriff of the area in which the person is located and sentence him to prison until he remains there submitting to the act to those who were required or excused by law. In particular, such an arrest warrant must state the reason for the commitment and if the witness is arrested for refusing to answer a question, the question will be included in the arrest warrant.
- Notwithstanding paragraph one of this subdivision, if a person fails to comply with a subpoena issued pursuant to this Section 111-p of the Social Services Law by the Office of Temporary and Disability Assistance or a Social Services District or its authorized representative or other state child support enforcement agency under Title IV-D of the Social Security Act, that office or district has the authority to impose a sanction on the relative. The amount of the fine will be determined by the Commissioner of the Office of Temporary Assistance and Disability and will be determined by regulation and will not exceed fifty dollars. However, payment of the fine will not be required if the citation immediately responds to the penalty notice.
(c) Review of Procedures. Within ninety days of the offender's arrest, unless released by law, the sheriff or other officer will present the offender in person to the court that issued the warrant and there will be a review of the proceedings to determine if the offender should be released . of commitment. Periodically, not to exceed ninety days after such review, the offender, unless legally relieved of such obligation, shall be personally presented by the bailiff or other officer to the court, who issues the warrant and further review of the proceeding. , then detained to determine if he should be released from the engagement. The clerk of the court before which such review of the proceedings is to be held, or the judge or magistrate of that court if there is no clerk, shall notify each party or their counsel in writing of the date, time, and place of any review. In the process, which led to the issuance of the arrest warrant, he appeared registered at his last known address.
NY CPLR § 2309. OATH AND DECLARATION
(a) Persons authorized to administer. Except as otherwise provided, any person authorized to receive title under the Real Estate Law may make an oath or declaration. Any person authorized by the laws of that State to obtain evidence may take an oath or affidavit to that effect. A secretary and his alternates may swear in one or more members of the jury. This section does not apply to an oath of office.
(b) shape. An oath or guarantee must be given in such a way as to awaken the conscience and impress the spirit of the person giving it, in keeping with his or her religious or ethical beliefs.
c) Oaths and statements made outside the State. An oath or declaration made outside the State will be treated as made within the State if it is accompanied by any certificate or certificates that would be required to authorize a document recognized outside the State, to be registered in the State, if that document had been recognized before the State. official who took the oath or guarantee.
(d) An affidavit or affidavit issued by an officer of the Armed Forces of the United States. The affidavit or affidavit issued inside or outside the state or the United States by an officer of the United States Armed Forces authorized to inspect documents under the Real Estate Act must contain the following:
- the rank and serial number of the officer before whom the oath or guarantee was taken and the command to which it is attached;
- that the person who took the oath or declaration was, at the time the oath was taken, a person recruited or commissioned by the Armed Forces of the United States, or serving in or with the Armed Forces of the United States, or dependent of such person, or a person associated or accompanying the Armed Forces of the United States. Is
- the serial number of the person taking the oath or declaration, or whose dependent takes the oath or declaration, if that person is enlisted or commissioned in the Armed Forces of the United States. It is not necessary to disclose the place where such an oath or declaration is made.
What is custodial interference in Washington state? ›
Definitions of Custodial Interference. According to the Washington State Code Chapter 9a. 40.060, custodial interference in the first degree is when a relative of a minor child takes, detains, retains, or conceals the child with the intent to deny access to a person with legal custodial rights.What if non custodial parent does not exercise visitation in Tennessee? ›
If the non-custodial parent refuses to see the child after trying everything, the custodial parent should take the case to court. For the right reasons, the court can allow the non-custodial parent to make up for missed visitations.At what age can a child refuse to see a parent in Washington State? ›
At what age can a child refuse visitation in Washington state? Child custody orders stay in place until a child is 18 years old, unless they are emancipated or the court order is altered. In Washington, there isn't a set age when a child is allowed to refuse visitation.At what age can a child decide custody in Washington State? ›
According to the Washington statutes governing custody law, there is no established age younger than 18 in which a child can make a unilateral decision about which parent they want to live with. Typically, a judge will appoint a social worker or guardian to work with the child.When can you deny visitation to the non custodial parent Tennessee? ›
Typically, a court will only deny visitation rights if it finds that contact with the noncustodial parent would be likely to cause a substantial harm the child's physical or emotional health.Can a custodial parent deny visitation in Tennessee? ›
A parent must have reasonable grounds for refusing to send their child for visitation. In Tennessee, the only exception for denying a non-custodial parent court-ordered visitation is if a parent has a legitimate reason to believe their child's physical and emotional health is in imminent danger.When can you deny visitation to the non custodial parent Florida? ›
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.Can a parent take a child out of state without the other parents consent in Washington? ›
In Washington state, the relocating parent must provide the other parent with written notice that he or she will be moving out of state with the child at least 60 days prior to the move.What grounds can you stop a parent from seeing their child? ›
Common reason for stopping father seeing child?
- criminal activity.
- domestic abuse.
- drug/alcohol misuse.
- any other inappropriate behaviour that puts your child at risk.
Controlling Who Is Around Your Child
In general, you do not have the power to dictate which adults are around your child when they are with the other parent. When you have your child, you can decide who is present. You can decide whether to introduce them to a romantic partner or not.
Can a mother keep the child away from the father in Washington state? ›
▾ In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.How can a mother get full custody in Washington state? ›
To ask for custody, you must open a case with the superior court where you live or where the other parent lives. It may be a stand-alone custody case or a divorce, legal separation, annulment or parentage (paternity) case. After filing the initial paperwork, serve the other parent to officially notify them.How long does a father have to be absent to lose his rights in Washington? ›
If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.Can a mother take a child out of state without father's consent in Tennessee? ›
The General Rule for Moving out of State Under Tennessee Law
Under Section 36-6-108 of the Tennessee Code, if a custodial parent seeks to relocate out of state, that parent must provide notice to the child's other parent at least 60 days prior to moving – absent exigent circumstances.
Evidence of physical or emotional abuse to the child, to the other parent or any other person. The character and behavior of anyone else who resides in or frequents the parent's home and their interactions with the child.What happens if a child refuses to return to a custodial parent? ›
However, if your child refuses, the non-resident parent could apply to the Court and the resident parent could be held in contempt of Court. If your child regularly refuses contact with the other parent, you can apply to the Court for variation of the order or to have it discharged.What is an unfit parent in TN? ›
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.What is an unfit parent in Tennessee? ›
Tennessee Code on Parental Restrictions, Unfit Parents
The parent has engaged in willful abandonment that continues for an extended period of time. Physical or sexual abuse or a pattern of emotional abuse of the parent, child, or another person in the home has occurred.
In Tennessee, a court may terminate parental rights based on abandonment if there is clear and convincing evidence that a parent willfully failed to support the child, willfully failed to make reasonable or consistent support payments, or willfully failed to visit the child for a period of four consecutive months.At what age in Florida can a child choose which parent to live with? ›
In most states, a specific age (such as 14) is set when a child's preference of which parent he/she wants to live with is considered by the court. This is not the case in Florida, as there is no particular age set and the decision is left up to the judge's discretion.
Can I leave the state with my child if there is no custody agreement Florida? ›
The short answer is yes, but you must have court permission in order to do so. Florida has child custody laws for moving out of state. That court permission is not always easy to obtain. Let's talk about what is necessary to get a court order that allows you to move out of state with your child.What happens if you don't respond to child custody papers in Florida? ›
If you don't respond within the number of days specified by your local court, the other parent can file paperwork asking the court to enter a default judgment against you. If the court approves, the parent gets everything they asked for in the custody petition.What happens if you violate a parenting plan in Washington State? ›
When people violate court orders, they can face serious consequences. Referred to as “being held in contempt of court,” a parent who violates a parenting plan may face fines, lose future parenting time, or even face jail time.Is parental alienation illegal in Washington State? ›
Experienced Washington State Child Custody Lawyers and family law courts recognize signs of parenting alienation. If evidence of parenting alienation is found, the court will factor it into a final child custody decision.What are my rights as a custodial parent Washington State? ›
Legal custody will determine which parent may make day to day decisions for a child, such as health and medical decisions, as well as educational decisions. However, either parent may make emergency decisions for a child while the child is in his/her custody, regardless of the legal custody arrangement.Who is the custodial parent in Washington State? ›
▾ In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.Can you get your parental rights back after they were terminated in Washington? ›
Under Washington law, dependent children at least 12 years of age or older may file a legal action in juvenile court to reinstate the legal relationship with their birth or former adoptive parent whose rights were terminated under Chapter 13.34 RCW.Can you modify a parenting plan without going to court in Washington state? ›
A parent seeking to modify custody in Washington must file legal forms with the court, including a "Petition for Modification of Adjustment of Child Custody Decree/Parenting Plan." The petition should specify what kinds of custody changes the parent is seeking.How do you defend yourself against parental alienation? ›
- Keep a journal. ...
- Ask to see child in writing. ...
- Seek counseling. ...
- Remain persistent.
Children can become alienated from a parent for a variety of reasons, such as sexual abuse, physical abuse, emotional abuse, parental abandonment, adult alcoholism, narcissism, and other reasons.
How to win a custody case in Washington State? ›
- 2.1 Spend as Much Time as Possible With Your Children.
- 2.2 Be Dependable.
- 2.3 Be Flexible.
- 2.4 Keep a Clean History.
- 2.5 Keep Detailed Notes.
The law in Washington “presumes” that in most situations, a parent's request to relocate will be allowed. This means that the judge will assume that moving with the child is in the child's best interests. However, the other parent can object to the move and try to convince the judge to not allow the move.Do you have to pay child support if you have joint custody in Washington? ›
Under Washington law, both parents share the financial obligations required to raise their kids. When a marriage is dissolved that involves children, the court is obligated under the law to order one or both parents to pay support of the child.How often do fathers get 50 50 custody in Washington State? ›
Beyond that, they received equal time in 35% of cases. So in almost 61% of these cases, fathers wound up with at least a 50/50 split, if not more. That's a pretty compelling argument for hiring a child custody lawyer. It can definitely help increase your odds of getting primary custody.Who gets custody of child in divorce Washington State? ›
Washington courts generally do not say custody and visitation anymore. They talk about the parenting plan, residential schedule and decision-making authority for the children. As part of your divorce, the court will decide: Who will have custody, or if the children will live with each parent half-time.Can parents agree to no child support in Washington State? ›
Child support is a fundamental legal obligation from a parent to a child. In Washington, the child support laws presume both parents owe support to their minor children. Although parents can agree to waive child support, the court must approve the agreement, but this rarely occurs.