Legal Question in Civil Litigation in New York
summons duces tecum?
If a plaintiff files a lawsuit in Forma Pauperis is he still responsible to pay for any or all discovery cost. Is there a way to obtain a form of “reverse discovery” where the defendants are obliged to produce the discovery material at their own cost. In other words is there an equivalent to a: subpeona duces tecum such as a: summons duces tecum or can it be obtained/created based on an applicable legal theory.
2 Answers from Attorneys
Re: summons duces tecum?
You are required to pay for the cost of copying materials that you request. A subpoena can require the production of documents to examine. All subpoenas require a witness fee check as provided by law.
Re: summons duces tecum?
No matter how broke you are, you are required to pay for your own discovery.
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