NEW RULES - TRIAL SUBPOENA

BILL NUMBER:  S4867 - Aug 24, 2018 signed chap.218

 TITLE OF BILL :  An act to amend the civil practice law and rules, in
relation to a subpoena of records for trial

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

Our Advisory Committee has studied the procedures by which records
intended for use at trial are produced pursuant to a subpoena duces
tecum; and is of the view that counsel should have the option of
having trial material delivered to the attorney or self-represented
party at the return address set forth in the subpoena, rather than to
the clerk of the court. This is especially true where the materials
are in digital format and can be delivered on a disk or through other
electronic means.

In this measure, CPLR 2305 would be amended to add a new subdivision
(d) providing that where a trial subpoena directs service of the
subpoenaed documents to the attorney or self-represented party at the
return address set forth in the subpoena, a copy of the subpoena shall
be served upon all parties simultaneously and the party receiving such
subpoenaed records, in any format, shall deliver a complete copy of
such records in the same format to all opposing counsel and
self-represented parties where applicable, forthwith.

This measure, which would have no fiscal impact, would be effective
immediately and apply to all actions pending on or after such
effective date.

 2015-2016 LEGISLATIVE HISTORY :

Senate 5621 (Sen. Bonacic) (committed to Rules)
Assembly 7057 (M. of A. Titone) (PASSED)