N.Y. CPLR § 2302

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2302 Authority to issue § 2302. Authority to issue. (a) Without court order. Subpoenas may beissued without a court order by the clerk of the court, a judge wherethere is no clerk, the attorney general, an attorney of record for aparty to an action, an administrative proceeding or an arbitration, anarbitrator, a referee, or any member of a board, commission or committeeauthorized by law to hear, try or determine a matter or to do any otheract, in an official capacity, in relation to which proof may be taken orthe attendance of a person as a witness may be required; provided,however, that a subpoena to compel production of a patient's clinicalrecord maintained pursuant to the provisions of section 33.13 of themental hygiene law shall be accompanied by a court order. A childsupport subpoena may be issued by the department, or the child supportenforcement unit coordinator or support collection unit supervisor of asocial services district, or his or her designee, or another state'schild support enforcement agency governed by title IV-D of the socialsecurity act.(b) Issuance by court. A subpoena to compel production of an originalrecord or document where a certified transcript or copy is admissible inevidence, or to compel attendance of any person confined in apenitentiary or jail, shall be issued by the court. Unless the courtorders otherwise, a motion for such subpoena shall be made on at leastone day's notice to the person having custody of the record, document orperson confined. A subpoena to produce a prisoner so confined shall beissued by a judge to whom a petition for habeas corpus could be madeunder subdivision (b) of section seven thousand two of this chapter or ajudge of the court of claims, if the matter is pending before the courtof claims, or a for habeas corpus could be madeunder subdivision (b) of section seven thousand two of this chapter or ajudge of the court of claims, if the matter is pending before the courtof claims, or a judge of the surrogate's court, if the matter is pendingbefore the surrogate's court, or a judge or support magistrate of thefamily court, if the matter is pending before the family court, or ajudge of the New York city civil court, if the matter is pending beforethe New York city civil court and it has been removed thereto from thesupreme court pursuant to subdivision (d) of section three hundredtwenty-five of this chapter. In the absence of an authorization by apatient, a trial subpoena duces tecum for the patient's medical recordsmay only be issued by a court.