US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§  2303.  Service  of  subpoena;  payment  of  fees  in advance. (a) A
subpoena requiring attendance or a subpoena duces tecum shall be  served
in  the  same  manner  as a summons, except that where service of such a
subpoena is made pursuant to subdivision two or four  of  section  three
hundred  eight of this chapter, the filing of proof of service shall not
be required and service shall be deemed complete upon the later  of  the
delivering  or  mailing of the subpoena, if made pursuant to subdivision
two of section three hundred eight of this chapter, or upon the later of
the affixing or mailing of the subpoena, if made pursuant to subdivision
four of  section  three  hundred  eight  of  this  chapter.  Any  person
subpoenaed  shall  be  paid  or tendered in advance authorized traveling
expenses and one day's witness fee. A copy of any subpoena  duces  tecum
served  in  a pending civil judicial proceeding shall also be served, in
the manner set forth in rule twenty-one hundred three of  this  chapter,
on  each party who has appeared in the civil judicial proceeding so that
it is received by such parties promptly after service on the witness and
before the production of books, papers or other things.

(b) A child support subpoena issued pursuant to section one hundred eleven-p of the social services law to public utility companies and corporations, including but not limited to cable television, gas, electric, steam, and telephone companies and corporations, as defined in section two of the public service law, may be served by regular mail, or through an automated process where information sought is maintained in an automated data base. All other child support subpoenas issued pursuant to section one hundred eleven-p of the social services law shall be served in accordance with the provisions of subdivision (a) of this section.