Legal Question in Civil Litigation in New York
Subpoeana a Police Report for NY - Civil Action
I am trying to represent myself in a civil action that I have not yet decided whether to file in NY Supreme Court or the Civil Court of the City of NY. My claim revolves around an incident that happened last month when I left a restauraunt and was attacked by a hoodlum. Thankfully, the police immediately responded to a 911 phone call made by a witness and they filled out a police report taking my statements and his. He claimed I attacked him. I went to the hospital and did not press charges.
I am having trouble getting the defendants name listed in the police report. I requested a copy from the Criminal Records Division in New York but they said I need to subpoena it.
I am uncertain how to proceed to serve my subpoena ''duces tecum'' to get access to the police officers memo book. I have been told that ''a subpoena used in litigation needs the contect of an action or a proceeding whose caption it bears; it is not an independent process''. As such, do I need to commence an action against the City of New York? And if so... do i have to file a Claim of Notice and obtain a Claim Number from: City of NY/Comptroller/One Centre Street 6th Floor?? Or is there some other way to proceed.
Please help me, I have only a 1 year SOL.
3 Answers from Attorneys
Re: Subpoeana a Police Report for NY - Civil Action
I assume that you want to sue the person who attached you. If you sue in Civil Court, you limit your damages to $25,000. While it costs more to sue in Supreme Court, it may be worth it depending on what your injuries were. On the topic of being worth it, do you know anything about the person who attacked you? Does he work or have assets so that you could collect on a judgment if you win?
As for the address: If he was arrested, perhaps the Assistant District Attorney handling the case will give it to you. In the alternative, if he has an unusual name, you could have an investigator do a DMV search. If you subpoena the record from the City, it is likely that the City will redact (blacken out) the address when they respond. A case must be pending before you can issue a subpoena. You could bring a pre-action lawsuit against the City in order to get the document. There is a provision for this in the CPLR.
You might also consider whether having an experienced personal injury attorney represent you on a contingency basis is the better way to go.
Re: Subpoeana a Police Report for NY - Civil Action
You must file a notice of claim...you have 90 days from the date of the incident in which to do so.
The subpoena needs to be "So Ordered" by a judge.
Good Luck
Re: Subpoeana a Police Report for NY - Civil Action
Any subpoena on an official State or City agency or hospital needs to be "so ordered" by a judge:
if you don't have an action pending (no summons and complaint served) but you have purchsed an index number you can bring an order to show cause for pre-action discovery pursuant to CPLR 3102(c).
Why are you interested in this if you aren't pressing charges? This is the crux of the matter.
If he was arrested anyway then the DA should be filing a case; was he a juvenile? That could explain the absence of the name?
If you are concerned about him suing you, you will learn his name when it happens.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
