New York Civil Practice Law and Rules § 2305. Attendance required pursuant to subpoena;  possession of books, records, documents or papers




(a) When person required to attend.  A subpoena may provide that the person subpoenaed shall appear on the date stated and any recessed or adjourned date of the trial, hearing or examination.  If he is given reasonable notice of such recess or adjournment, no further process shall be required to compel his attendance on the adjourned date.  At the end of each day's attendance, the person subpoenaed may demand his fee for the next day on which he is to attend.  If the fee is not then paid, he shall be deemed discharged.

(b) Subpoena duces tecum;  attendance by substitute.  1. A subpoena duces tecum may be joined with a subpoena to testify at a trial, hearing or examination or may be issued separately.

2. Any person may comply with a subpoena duces tecum for a trial, hearing or examination by having the requisite books, documents or things produced by a person able to identify them and testify respecting their origin, purpose and custody.

(c) Inspection, examination and audit of records.  Whenever by statute any department or agency of government, or officer thereof, is authorized to issue a subpoena requiring the production of books, records, documents or papers, the issuing party shall have the right to the possession of such material for a period of time, and on terms and conditions, as may reasonably be required for the inspection, examination or audit of the material.  The reasonableness of such possession, time, terms, and conditions shall be determined with consideration for, among other things, (i) the good cause shown by the issuing party, (ii) the rights and needs of the person subpoenaed, and (iii) the feasibility and appropriateness of making copies of the material.  The cost of reproduction and transportation incident thereto shall be borne by the person or party issuing the subpoena unless the court determines otherwise in the interest of justice.


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