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Supreme Court of the State of New York Appellate Division Second Judicial Department JUDICIAL SUBPOENA DUCES TECUM THE PEOPLE OF THE STATE OF NEW YORK TO the Clerk of the Court County. GREETING YOU ARE HEREBY COMMANDED that all business and excuses being laid aside you appear before the Appellate Division of the Supreme Court of the State of New York Second Judicial Department at the courthouse thereof located at 45 Monroe Place Brooklyn New York 11201 on or before the day of 20 and that you...

How to fill out new york subpoena form

Point by point instructions on how to fill out the New York subpoena form are as follows:

1. Start by downloading the New York subpoena form from the official website of the New York State Unified Court System or obtain a physical copy from a local courthouse or legal aid office.
2. Read the instructions carefully to familiarize yourself with the purpose and requirements of the subpoena form. This will help you understand how to properly fill it out.
3. Begin filling out the subpoena form by entering the court information, including the name of the court and the county where the case is being heard. This information is usually found at the top of the form.
4. Provide your contact information, including your full name, address, phone number, and email address. This will allow the court and other parties involved to communicate with you if necessary.
5. Identify the case by providing the names of the plaintiff(s) and defendant(s), as well as the case or docket number, if applicable. This information helps associate the subpoena with the correct legal matter.
6. Indicate the type of subpoena you are issuing by checking the appropriate box. There are different types of subpoenas, such as subpoena duces tecum (for documents or evidence) or subpoena ad testificandum (for witness testimony).
7. Clearly state who or what is being subpoenaed. Provide the full name(s) and address(es) of the individual(s) or organization(s) that you want to receive the subpoena. Be as specific as possible to avoid confusion.
8. Specify the documents or evidence you are requesting, if applicable. If you're issuing a subpoena duces tecum, list the specific documents, records, or other evidence you're seeking. Be precise and concise.
9. Determine the method of service for the subpoena. In New York, subpoenas can be served personally, by certified mail with a return receipt requested, or by any other method authorized by the court. Choose the appropriate option and follow the specific instructions for that method.
10. Provide the date you are issuing the subpoena. This is the date on which you are officially requesting the presence or documents from the individual or organization. Write the date in the designated space on the form.
11. Sign the subpoena form. By signing, you certify that the information provided is true and accurate to the best of your knowledge. Keep in mind that non-lawyers may need to have their signatures witnessed or notarized, depending on the court's requirements.

Who needs a New York subpoena form?

1. Attorneys representing either the plaintiff or defendant in a legal case may require a New York subpoena form to gather evidence or compel witnesses to testify.
2. Individuals involved in a legal proceeding and who have the authority to issue subpoenas, such as pro se litigants or self-represented parties, may also need a New York subpoena form.
3. Any person or entity that wishes to legally request the production of documents, records, or other evidence from a third party may use a New York subpoena form to properly and formally make the request.

People Also Ask about new york subpoena form

What is a subpoena duces tecum New York?

A Subpoena Duces Tecum is a legal document that directs someone to produce a bill, receipt, or other written document or record you need for the Court proceeding. Application for a Subpoena: Either party may apply for a subpoena up to 48 hours before the trial date by applying to the Clerk of the Court.

How do I get a subpoena in New York?

If you would like to subpoena a witness or documents, you must come to the Clerk's office and fill out the subpoena forms. Click on Locations to find out where to go in your county. You can also get help with a subpoena from the Help Center or from the court attorneys in the Part where your case is assigned.

Who can issue a subpoena in New York?

Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to

What is a subpoena duces tecum in New York State?

(Trial) (NY) This subpoena duces tecum is a standard form that attorneys can use in a New York state court litigation to compel a witness to produce documents and things at a trial or hearing.

How do I serve information subpoena in NY?

You must bring the Information Subpoena to the Court for the Court Clerk to sign. After the Court Clerk signs the Information Subpoena, send it with two copies of the written questions and a prepaid return envelope by registered or certified mail, return receipt requested.

What does duces tecum mean subpoena?

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

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Who is required to file new york subpoena form?

A person or entity who is seeking to obtain documents or other evidence from a third party in New York State is required to file a New York Subpoena Form.

How to fill out new york subpoena form?

1. Start by filling out the top portion of the form. This includes the caption, the date, and the case number. 2. In the “To” section, enter the name and address of the person or entity to whom the subpoena is directed. 3. In the “Name of Witness” section, enter the name of the person or entity being subpoenaed. 4. In the “Time & Place” section, enter the date and time when the witness must appear. 5. In the “Purpose” section, enter a description of why the witness is being summoned. 6. In the “Witness Fees” section, enter the amount of money that will be paid to the witness for appearing in court. 7. In the “Return Date” section, enter the date when the subpoena must be returned to the court. 8. Sign and date the form. 9. Make two copies of the form. 10. Serve the original form on the witness and keep one copy for your records.

When is the deadline to file new york subpoena form in 2023?

The deadline to file a New York subpoena form in 2023 is dependent on the court and the type of subpoena. Generally speaking, most subpoenas must be served within a certain timeframe prior to the hearing date (usually at least 10 days). Please check with the court to confirm the exact filing deadline for the specific type of subpoena you are filing.

What is new york subpoena form?

A New York subpoena form is a legal document issued by a court or attorney, commanding an individual or organization to produce documents, provide testimony, or appear in court as a witness. This form is specific to the state of New York and outlines the details of the subpoena, including the parties involved, the requested action, and the deadline for compliance. It is used as a means of gathering evidence, compelling testimony, or compelling someone to appear in court for a legal proceeding in New York.

What is the purpose of new york subpoena form?

The purpose of a New York subpoena form is to formally request the attendance of a witness or the production of documents or other evidence in a legal proceeding taking place in the state of New York. It is a legal document issued by a court or an attorney and serves as a command for the recipient to appear before the court or provide requested materials. Subpoenas are commonly used in civil and criminal cases to gather evidence, establish facts, or compel the testimony of individuals or organizations.

What information must be reported on new york subpoena form?

The information that must be reported on a New York subpoena form includes: 1. Caption: This includes the name of the court, the case name, and the docket number. 2. Parties: The names of the plaintiff(s), defendant(s), and any other party involved in the case. 3. Issuing Person: The name, title, and address of the person issuing the subpoena (usually an attorney). 4. Witness Information: The name, address, and contact details (phone number, email) of the witness being summoned. 5. Date and Time: The date, time, and location where the witness is required to appear. 6. Document Production: If the subpoena is requesting the production of documents, it should specify the documents sought and the manner of producing them. 7. Compliance Instructions: The instructions for complying with the subpoena, such as whether the witness should bring specific documents or if there are any specific questions the witness should be prepared to answer. 8. Purpose: The purpose for which the witness is being summoned, such as giving testimony or providing evidence. 9. Terms and Conditions: Any terms and conditions related to fees, expenses, or compensation for the witness. 10. Signature: The subpoena must be signed by the issuing person or attorney. It is important to note that this information can vary slightly depending on the specific court and jurisdiction within New York. It is always advisable to consult the court rules and seek legal advice to ensure compliance with the specific requirements.

What is the penalty for the late filing of new york subpoena form?

The penalty for the late filing of a New York subpoena form can vary depending on the specific circumstances and the court's discretion. However, generally, if a subpoena is filed late, it may result in the court refusing to enforce or quashing the subpoena. This could potentially lead to delays or negative consequences for the party seeking the subpoena, such as the inability to obtain required evidence or information. It is important to adhere to the court's deadlines and procedures to avoid potential penalties.

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