Legal Question in Civil Litigation in New York

Re: Subpoena Duces Tecum

As a pro se litigant you do not have the right to issue a subpoena. Instead, the subpoena must be prepared by you and delivered to the Court.

Depending on what you are requesting in the subpoena determines who will sign the document.

Pursuant to NY CPLR 2303(a), �Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to hear, try or determine a matter or to do any other act, in an official capacity, in relation to which proof may be taken or the attendance of a person as a witness may be required�.�

Compare this with subdivision(b), �A subpoena to compel production of an original record or document where a certified transcript or copy is admissible in evidence, or to compel attendance of any person confined in a penitentiary or jail, shall be issued by the court. Unless the court orders otherwise, a motion for such subpoena shall be made on at least one day's notice to the person having custody of the record, document or person confined.�

The subpoena must be served in the same manner as a summons. So after the subpoena is signed contact a process server to arrange service. He (or she) will instruct you as to witness fees.

Finally, either during or after service the adversary must be notified of the return date of the subpoena (the date that you want the records).

Mike.