§ 2307. Books, papers and other things of a library, department or\nbureau of a municipal corporation or of the state. Issuance by court. A\nsubpoena duces tecum to be served upon a library, or a department or\nbureau of a municipal corporation or of the state, or an officer\nthereof, requiring the production of any books, papers or other things,\nshall be issued by a justice of the supreme court in the district in\nwhich the book, paper or other thing is located or by a judge of the\ncourt in which an action for which it is required is triable. Unless the\ncourt orders otherwise, a motion for such subpoena shall be made on at\nleast one day's notice to the library, department, bureau or officer\nhaving custody of the book, document or other thing and the adverse\nparty. Such subpoena must be served upon such library, or such\ndepartment or bureau of such municipal corporation or of the state or an\nofficer having custody of the book, document or other thing and the\nadverse party at least twenty-four hours before the time fixed for the\nproduction of such records unless in the case of an emergency the court\nshall by order dispense with such notice otherwise required. Compliance\nwith a subpoena duces tecum may be made by producing a full-sized\nlegible reproduction of the item or items required to be produced\ncertified as complete and accurate by the person in charge of such\nlibrary, department or bureau, or a designee of such person, and no\npersonal appearance to certify such item or items shall be required of\nsuch person or designee, unless the court shall order otherwise pursuant\nto subdivision (d) of rule 2214 of this chapter. Where a stipulation\nwould serve the same purpose as production of the book, document or\nother thing and the subpoena is required because the parties will not\nstipulate, the judge may impose terms on any party, including the cost\nof production of the book or document, and require such cost to be paid\nas an additional fee to the library, department or officer.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.