N.Y. CPLR § 2305

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2305 Attendance required pursuant to subpoena; possession of books,records, documents or papers § 2305. Attendance required pursuant to subpoena; possession of books,records, documents or papers. (a) When person required to attend. Asubpoena may provide that the person subpoenaed shall appear on the datestated and any recessed or adjourned date of the trial, hearing orexamination. If he is given reasonable notice of such recess oradjournment, no further process shall be required to compel hisattendance on the adjourned date. At the end of each day's attendance,the person subpoenaed may demand his fee for the next day on which he isto attend. If the fee is not then paid, he shall be deemed discharged.(b) Subpoena duces tecum; attendance by substitute. 1. A subpoenaduces tecum may be joined with a subpoena to testify at a trial, hearingor examination or may be issued separately.2. Any person may comply with a subpoena duces tecum for a trial,hearing or examination by having the requisite books, documents orthings produced by a person able to identify them and testify respectingtheir origin, purpose and custody.(c) Inspection, examination and audit of records. Whenever by statuteany department or agency of government, or officer thereof, isauthorized to issue a subpoena requiring the production of books,records, documents or papers, the issuing party shall have the right tothe possession of such material for a period of time, and on terms andconditions, as may reasonably be required for the inspection,examination or audit of the material. The reasonableness of suchpossession, time, terms, and conditions shall be determined withconsideration for, among other things, (i) the good cause shown by theissuing party, (ii) the rights and needs of the person subpoe ssion, time, terms, and conditions shall be determined withconsideration for, among other things, (i) the good cause shown by theissuing party, (ii) the rights and needs of the person subpoenaed, and(iii) the feasibility and appropriateness of making copies of thematerial. The cost of reproduction and transportation incident theretoshall be borne by the person or party issuing the subpoena unless thecourt determines otherwise in the interest of justice.(d) Subpoena duces tecum for a trial; service of subpoena and deliveryfor records. Where a trial subpoena directs service of the subpoenaeddocuments to the attorney or self-represented party at the returnaddress set forth in the subpoena, a copy of the subpoena shall beserved upon all parties simultaneously and the party receiving suchsubpoenaed records, in any format, shall deliver a complete copy of suchrecords in the same format to all opposing counsel and self-representedparties where applicable, forthwith.