N.Y. CPLR § 2308

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2308 Disobedience of subpoena § 2308. Disobedience of subpoena. (a) Judicial. Failure to comply witha subpoena issued by a judge, clerk or officer of the court shall bepunishable as a contempt of court. If the witness is a party the courtmay also strike his or her pleadings. A subpoenaed person shall also beliable to the person on whose behalf the subpoena was issued for apenalty not exceeding one hundred fifty dollars and damages sustained byreason of the failure to comply. A court may issue a warrant directing asheriff to bring the witness into court. If a person so subpoenaedattends or is brought into court, but refuses without reasonable causeto be examined, or to answer a legal and pertinent question, or toproduce a book, paper or other thing which he or she was directed toproduce by the subpoena, or to subscribe his or her deposition after ithas been correctly reduced to writing, the court may forthwith issue awarrant directed to the sheriff of the county where the person is,committing him or her to jail, there to remain until he or she submitsto do the act which he or she was so required to do or is dischargedaccording to law. Such a warrant of commitment shall specifyparticularly the cause of the commitment and, if the witness iscommitted for refusing to answer a question, the question shall beinserted in the warrant.(b) Non-judicial. (1) Unless otherwise provided, if a person fails tocomply with a subpoena which is not returnable in a court, the issuer orthe person on whose behalf the subpoena was issued may move in thesupreme court to compel compliance. If the court finds that the subpoenawas authorized, it shall order compliance and may impose costs notexceeding fifty dollars. A subpoenaed person shall also be liable to theperson on whose behalf t the court finds that the subpoenawas authorized, it shall order compliance and may impose costs notexceeding fifty dollars. A subpoenaed person shall also be liable to theperson on whose behalf the subpoena was issued for a penalty notexceeding fifty dollars and damages sustained by reason of the failureto comply. A court may issue a warrant directing a sheriff to bring thewitness before the person or body requiring his appearance. If a personso subpoenaed attends or is brought before such person or body, butrefuses without reasonable cause to be examined, or to answer a legaland pertinent question, or to produce a book, paper or other thing whichhe was directed to produce by the subpoena, or to subscribe hisdeposition after it has been correctly reduced to writing, the court,upon proof by affidavit, may issue a warrant directed to the sheriff ofthe county where the person is, committing him to jail, there to remainuntil he submits to do the act which he was so required to do or isdischarged according to law. Such a warrant of commitment shall specifyparticularly the cause of the commitment and, if the witness iscommitted for refusing to answer a question, the question shall beinserted in the warrant.(2) Notwithstanding the provisions of paragraph one of thissubdivision, if a person fails to comply with a subpoena issued pursuantto section one hundred eleven-p of the social services law by the officeof temporary and disability assistance or a social services district, orits authorized representative, or another state's child supportenforcement agency governed by title IV-D of the social security act,such office or district is authorized to impose a penalty against thesubpoenaed person. The amount of the penalty shall be determined by thecommissioner of the office of temporary and disability assistance andset forth in regulation, and shall not exceed fifty dollars. Payment ofthe pena of the penalty shall be determined by thecommissioner of the office of temporary and disability assistance andset forth in regulation, and shall not exceed fifty dollars. Payment ofthe penalty shall not be required, however, if in response tonotification of the imposition of the penalty the subpoenaed personcomplies immediately with the subpoena.(c) Review of proceedings. Within ninety days after the offender shallhave been committed to jail he shall, if not then discharged by law, bebrought, by the sheriff, or other officer, as a matter of coursepersonally before the court issuing the warrant of commitment and areview of the proceedings shall then be held to determine whether theoffender shall be discharged from commitment. At periodic intervals ofnot more than ninety days following such review, the offender, if notthen discharged by law from such commitment, shall be brought, by thesheriff, or other officer, personally before the court issuing thewarrant of commitment and further reviews of the proceedings shall thenbe held to determine whether he shall be discharged from commitment. --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only Theclerk of the court before which such review of the proceedings shall beheld, or the judge or justice of such court in case there be no clerk,shall give reasonable notice in writing of the date, time and place ofeach such review to each party or his attorney who shall have appearedof record in the proceeding resulting in the issuance of the warrant ofcommitment, at their last known address. CPLR § 2308 Page 2