N.Y. CPLR § 2303

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2303 Service of subpoena; payment of fees in advance § 2303. Service of subpoena; payment of fees in advance. (a) Asubpoena requiring attendance or a subpoena duces tecum shall be servedin the same manner as a summons, except that where service of such asubpoena is made pursuant to subdivision two or four of section threehundred eight of this chapter, the filing of proof of service shall notbe required and service shall be deemed complete upon the later of thedelivering or mailing of the subpoena, if made pursuant to subdivisiontwo of section three hundred eight of this chapter, or upon the later ofthe affixing or mailing of the subpoena, if made pursuant to subdivisionfour of section three hundred eight of this chapter. Any personsubpoenaed shall be paid or tendered in advance authorized travelingexpenses and one day's witness fee. A copy of any subpoena duces tecumserved in a pending civil judicial proceeding shall also be served, inthe manner set forth in rule twenty-one hundred three of this chapter,on each party who has appeared in the civil judicial proceeding so thatit is received by such parties promptly after service on the witness andbefore the production of books, papers or other things.(b) A child support subpoena issued pursuant to section one hundredeleven-p of the social services law to public utility companies andcorporations, including but not limited to cable television, gas,electric, steam, and telephone companies and corporations, as defined insection two of the public service law, may be served by regular mail, orthrough an automated process where information sought is maintained inan automated data base. All other child support subpoenas issuedpursuant to section one hundred eleven-p of the social services lawshall be served in accordan ormation sought is maintained inan automated data base. All other child support subpoenas issuedpursuant to section one hundred eleven-p of the social services lawshall be served in accordance with the provisions of subdivision (a) ofthis section.