Article 23. Quotations, Oaths and Warranties – ILDIKO NYARI the person (2023)

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

New York CPLR § 2303-a. Verdict Summons Notice

NY CPLR § 2304. REQUEST FOR REVOCATION, TRANSFER OF TERMS, 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.

(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.

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.

(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