N.Y. CPLR § 2307

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2307 Books, papers and other things of a library, department orbureau of a municipal corporation or of the state § 2307. Books, papers and other things of a library, department orbureau of a municipal corporation or of the state. Issuance by court. Asubpoena duces tecum to be served upon a library, or a department orbureau of a municipal corporation or of the state, or an officerthereof, requiring the production of any books, papers or other things,shall be issued by a justice of the supreme court in the district inwhich the book, paper or other thing is located or by a judge of thecourt in which an action for which it is required is triable. Unless thecourt orders otherwise, a motion for such subpoena shall be made on atleast one day's notice to the library, department, bureau or officerhaving custody of the book, document or other thing and the adverseparty. Such subpoena must be served upon such library, or suchdepartment or bureau of such municipal corporation or of the state or anofficer having custody of the book, document or other thing and theadverse party at least twenty-four hours before the time fixed for theproduction of such records unless in the case of an emergency the courtshall by order dispense with such notice otherwise required. Compliancewith a subpoena duces tecum may be made by producing a full-sizedlegible reproduction of the item or items required to be producedcertified as complete and accurate by the person in charge of suchlibrary, department or bureau, or a designee of such person, and nopersonal appearance to certify such item or items shall be required ofsuch person or designee, unless the court shall order otherwise pursuantto subdivision (d) of rule 2214 of this chapter. Where a stipulationwould serve the same purpose as prod be required ofsuch person or designee, unless the court shall order otherwise pursuantto subdivision (d) of rule 2214 of this chapter. Where a stipulationwould serve the same purpose as production of the book, document orother thing and the subpoena is required because the parties will notstipulate, the judge may impose terms on any party, including the costof production of the book or document, and require such cost to be paidas an additional fee to the library, department or officer.