STATE OF NEW YORK
       ________________________________________________________________________
 
                                        8723--A
                                                                  R. R. 268
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 8, 2001
                                      ___________
 
       Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gianaris) --
         (at  request  of  the Office of Court Administration) -- read once and
         referred to the Committee on Codes -- passed by Assembly and delivered
         to the Senate, recalled  from  the  Senate,  vote  reconsidered,  bill
         amended,  ordered  reprinted, retaining its place on the special order
         of third reading
 
       AN ACT to amend the civil practice law and rules, in relation  to  trial
         subpoenas duces tecum
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Section 2301 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    § 2301. Scope of subpoena.  A subpoena requires the  attendance  of  a
    5  person  to give testimony. A subpoena duces tecum requires production of
    6  books, papers and other things. A child support subpoena is  a  subpoena
    7  issued  pursuant  to section one hundred eleven-p of the social services
    8  law by the [department of social services] office of temporary and disa-
    9  bility assistance or a local social services district, or its authorized
   10  representative, or another  state's  child  support  enforcement  agency
   11  governed  by  title  IV-D  of  the social security act. A trial subpoena
   12  duces tecum shall state on its face  that  all  papers  or  other  items
   13  delivered to the court pursuant to such subpoena shall be accompanied by
   14  a copy of such subpoena.
   15    §  2.  This  act  shall  take  effect on the first day of January next
   16  succeeding the date on which it shall have become a law.
 
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08376-04-1

 
BILL NUMBER: A8723A
 
SPONSOR: Rules (Gianaris)

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to trial subpoenas duces tecum
 
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Civil Practice.
 
This measure would amend CPLR 2301 to require that a trial subpoena
duces tecum state on its face that all papers or other items delivered
to the court pursuant to that subpoena must be accompanied by a copy of
that subpoena.
 
Court personnel have informed us that, often, documents that have been
requested pursuant to a trial subpoena duces tecum are delivered to the
court without the original subpoena attached, making it very difficult
to determine to which case the materials pertain. A statement in the
subpoena duces tecum specifying that an actual copy of the subpoena is
to accompany the subpoenaed documents will help to prevent this
confusion.
 
This measure, which would have no fiscal impact on the State, would take
effect on the first day of January next succeeding the date on which it
shall have become a law.
 
 
LEGISLATIVE HISTORY:  Senate 3484 (Volker)  
Codes
 
Assembly 8723 (Rules, Gianaris)  
PASSED