Legal Question in Civil Litigation in New York
NY subpoena for a MI case
I would like to know how to serve a non-party with a NY subpoena for documents for a MI case. The non-party is a large financial institution located in NY City. If not possible, are out-of-state (MI) subpoenas enforcable in the NY Civil Courts.
1 Answer from Attorneys
Re: NY subpoena for a MI case
Not sure this makes sense.
I guess it depends what you're trying to achieve with the subpoena. The case is in Michigan state court?...so why would you want to use a NY subpoena? Are the documents only stored in New York? A NY court would probably not have jurisdiction to issue a subpoena, in any event, for a Michigan lawsuit.
Seems to me that what you want to do is serve the subpoena/dt here in Michigan. You'll want to depose the representative responding to ensure that the documents are provided under oath when you receive them (try providing an affidavit with your request, so they only have to sign and notarize it).
You might try calling the financial institution first (if they're neutral) and asking them how they handle such requests and what are the requirements to guarantee a response. That's your best bet, because you're much less likely to meet resistance (i.e. a motion to quash or worse, their ignoring you completely) when they receive the request.
You definitely want to avoid the NY institution refusing to bring the documents to Michigan and instead requiring you to inspect them in NY, if at all...good luck!