Rule 5224. Subpoena; procedure. (a) Kinds and service of subpoena. Any\nor all of the following kinds of subpoenas may be served:\n 1. a subpoena requiring attendance for the taking of a deposition upon\noral or written questions at a time and place named therein; or\n 2. a subpoena duces tecum requiring the production of books and papers\nfor examination at a time and place named therein; or\n 3. an information subpoena, accompanied by a copy and original of\nwritten questions and a prepaid, addressed return envelope. Service of\nan information subpoena may be made by registered or certified mail,\nreturn receipt requested. Answers shall be made in writing under oath by\nthe person upon whom served, if an individual, or by an officer,\ndirector, agent or employee having the information, if a corporation,\npartnership or sole proprietorship. Each question shall be answered\nseparately and fully and each answer shall refer to the question to\nwhich it responds. Answers shall be returned together with the original\nof the questions within seven days after receipt. Where the person\nserving the subpoena is a judgment creditor, other than where the state,\na municipality or an agency or officer of the state or a municipality is\nthe judgment creditor, the following additional rules shall apply:\n (i) information subpoenas, served on an individual or entity other\nthan the judgment debtor, may be served on an individual, corporation,\npartnership or sole proprietorship only if the judgment creditor or the\njudgment creditor's attorney has a reasonable belief that the party\nreceiving the subpoena has in their possession information about the\ndebtor that will assist the creditor in collecting his or her judgment.\nAny information subpoena served pursuant to this subparagraph shall\ncontain a certification signed by the judgment creditor or his or her\nattorney stating the following: I HEREBY CERTIFY THAT THIS INFORMATION\nSUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND\nSECTION 601 OF THE GENERAL BUSINESS LAW THAT I HAVE A REASONABLE BELIEF\nTHAT THE PARTY RECEIVING THIS SUBPOENA HAS IN THEIR POSSESSION\nINFORMATION ABOUT THE DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECTING\nTHE JUDGMENT. By signing the certification, the judgment creditor or\nattorney certifies that, to the best of that person's knowledge,\ninformation and belief, formed after an inquiry reasonable under the\ncircumstances, that the individual or entity receiving the subpoena has\nrelevant information about the debtor.\n (ii) if an information subpoena, served on an individual or entity\nother than the judgment debtor, does not contain the certification\nprovided for in subparagraph (i) of this paragraph, such subpoena shall\nbe deemed null and void.\n (iii) if an information subpoena, served on an individual or entity\nother than the judgment debtor, does contain the certification provided\nfor in subparagraph (i) of this paragraph, the individual, corporation,\npartnership or sole proprietorship receiving the subpoena, may move to\nquash the subpoena pursuant to section twenty-three hundred four of this\nchapter, except that such motion shall be made in the court that issued\nthe underlying judgment.\n (iv) failure to comply with an information subpoena shall be governed\nby subdivision (b) of section twenty-three hundred eight of this\nchapter, except that such motion shall be made in the court that issued\nthe underlying judgment.\n 4. an information subpoena in the form of magnetic tape or other\nelectronic means. Where the person to be served consents thereto in\nwriting, an information subpoena in the form of magnetic tape or\nelectronic means, as defined in subdivision (f) of rule twenty-one\nhundred three of this chapter, may be served upon the individual, or if\na corporation, partnership, limited liability company, or sole\nproprietorship, upon the officer, director, agent or employee having the\ninformation. Answers s
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