How do I use my subpoena for my out-of-state case on a NYS person or entity?
Answer
NYS has a statutory process to domesticate civil subpoenas, see NYS Civil Practice Law and Rules (CPLR) Section 3119
For context, this is typically used for a case in a state other than NYS where evidence, witnesses are located in NYS.
In general, the process is:
- Obtain a subpoena (ex. duces tecum for witness or deposition, a post-judgment “information subpoena”, etc.) from the non-NYS court where the action is filed.
- Contact the NYS court or county clerk's office where the subpoena is to be served to learn their preferred process, forms and fees.
- If a court, you can use the Court Locator to find the court contact information or just use a search engine to find the court or county clerk contact information.
- The process is often similar to Nassau County’s: see out-of-state Subpoena process, out-of-state subpoena filing instructions, out-of-state subpoena form exemplar)
- Know that the amount of the fee, the specific forms and process may vary by county
- With the assistance of the relevant NYS court or county clerk’s office, you (the out-of-state litigant) will obtain a NYS version of your out-of-state subpoena.
- This NYS subpoena replaces the original out-of-state subpoena.
- It should give the litigant the equivalent information and enforceability they would have in their home jurisdiction.
- The resulting NYS subpoena will need to be served in accordance with NY laws.
- See NYS CourtHelp 'How Legal Papers Are Delivered (Service)'