Legal Question in Civil Litigation in New York
order to compel
what would be the statute i would applyunder for an order to compel a witness to comply with a subpoena
Asked on 3/03/09, 9:03 pm
2 Answers from Attorneys
Re: order to compel
I do not believe there is a statute you apply to compel a witness to comply with a subpoena. You apply and serve the subpoena and the court will handle the enforcement of the subpoena on the witness.
If you need more information regarding subpoenas, read here: http://nycourts.gov/courts/nyc/smallclaims/subpoenas.shtml
The statute that covers subpoenas in New York is CPLR Article 23 (http://caselaw.lp.findlaw.com/nycodes/SLCVP0A23.html)
See �2308 for disobedience of subpoena.
Answered on 3/04/09, 12:53 am
Michael Markowitz
Michael A. Markowitz, PC
Re: order to compel
NY CPLR 2302 and CPLR 2308.
Mike.
Answered on 3/04/09, 7:49 am
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