STATE OF NEW YORK
       ________________________________________________________________________
 
                                         3080
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                   January 29, 2001
                                      ___________
 
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to service
         of subpoena
 
         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:
 
    1    Section  1.  Section  2303  of  the  civil  practice law and rules, as
    2  amended by chapter 398 of the laws  of  1997,  is  amended  to  read  as
    3  follows:
    4    §  2303.  Service  of  subpoena;  payment  of fees in advance.   (a) A
    5  subpoena requiring attendance or a subpoena duces tecum shall be  served
    6  in  the  same  manner  as a summons, except that where service of such a
    7  subpoena is made pursuant to subdivision two or four  of  section  three
    8  hundred  eight of this chapter, the filing of proof of service shall not
    9  be required and service shall be deemed complete upon the later  of  the
   10  delivering  or  mailing of the subpoena, if made pursuant to subdivision
   11  two of section three hundred eight of this chapter, or upon the later of
   12  the affixing or mailing of the subpoena, if made pursuant to subdivision
   13  four of section three hundred eight of this  chapter.    In  any  action
   14  commenced  pursuant  to  article sixteen of the election law, service of
   15  the subpoena pursuant to subdivision  four  or  five  of  section  three
   16  hundred  eight  of  this  chapter,  shall only be made by the court upon
   17  motion and upon granting at least one day's notice  to  the  respondent.
   18  Any  person  subpoenaed  shall be paid or tendered in advance authorized
   19  traveling expenses and one day's witness fee.
   20    (b) A child support subpoena issued pursuant to  section  one  hundred
   21  eleven-p  of  the  social  services  law to public utility companies and
   22  corporations, including but not limited to cable television, gas,  elec-
   23  tric,  steam,  and  telephone  companies and corporations, as defined in
   24  section two of the public service law, may be served by regular mail, or
   25  through an automated process where information sought is  maintained  in
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05795-01-1

       A. 3080                             2
 
    1  an  automated data base. All other child support subpoenas issued pursu-
    2  ant to section one hundred eleven-p of the social services law shall  be
    3  served  in  accordance  with  the  provisions of subdivision (a) of this
    4  section.
    5    § 2. This act shall take effect immediately.

 
BILL NUMBER: A3080
 
SPONSOR: Clark

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to service of subpoena
 
 
SUMMARY OF SPECIFIC PROVISIONS:
In any action commenced pursuant to article sixteen of the election law,
service of subpoena pursuant to subdivision four or five of section 308
shall only be made by the court upon a motion and upon granting at least
one day's notice to the respondent.
 
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Section 2303 of the civil practice law and rules, as amended by chapter
618 of the laws of 1982, is amended by this bill.
 
 
JUSTIFICATION:
As is often the situation in election law cases, subpoena by mail has
been used as a way to satisfy legal notification requirements under
existing law.  This notification often arrives on the day the case is
due to be  heard or later, leaving the respondent with little or no time
to prepare a defense.  Although the original intent of allowing this
type of notification was not to serve the needs of incumbents, it has
become a legal method of manipulating the system to the benefit of the
incumbent while the candidate is often left with little or no recourse,
and a stalled campaign.
 
 
PRIOR LEGISLATIVE HISTORY:
1/3/96 - A.122 referred to Assembly Codes Committee.
6/18/98   A.4743 held in Assembly Codes Committee.
1/5/00 - A.3288 referred to Assembly Codes Committee.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Negligible
 
 
EFFECTIVE DATE: Immediately.