Subpoena Duces Tecum With Instructions Sample And Form

Instructions for Filling out aJudicial Subpoena Duces Tecumwith Sample Attached Please Note: The Court does not provide subpoena forms. You mayobtain the form (such as a Blumberg B69) from a legal stationery store. You will need an original to submit to the Court and one copy for eachperson to be served. Service is explained below. A SUBPOENA MUSTBE SIGNED BY A JUDGE BEFORE IT IS SERVED.Print or type and use black ink only.1Print or type the County where the action was filed.2Print or type the name of the Plaintiff(s). If the caption contains more thanone Plaintiff, you may write the name of the first named Plaintiff, followed bythe words 223et al.224 which means 223and others224 (For example: JOHN DOE, et al.,against JOHN SMITH, et al.).3Print or type the name of the Defendant(s). If the caption contains more thanone Defendant, see instructions above in #2.4Print or type the Index Number that was assigned to the action (For example:2004-5362).5Print or type the name and address of the person you wish to subpoena.6Print or type the name of the Justice (Judge) assigned to your case asfollows: 223the Hon. [put in name of Justice]224 followed by the letters 223J.S.C.224,which means Justice of the Supreme Court.7Print or type the address of the court where the case is pending (Forexample: 92 Court Street, Binghamton, New York 13901).8-10Print or type the day, month, and year of the scheduled trial or hearing.11-12Print or type the time and whether the witness will appear in the morning orafternoon by putting 223fore224 (a.m.) or 223after224 (p.m.).13Print or type who the witness will be appearing on behalf of. If Plaintiff ispreparing the subpoena, put 223Plaintiff224. If Defendant is preparing thesubpoena, put 223Defendant224. American LegalNet, Inc. www.FormsWorkFlow.com 14Describe any items you are requesting the witness to bring to Court, such asrelevant documents or other items.15Print or type the name of the Judge assigned to your case again.16Print or type the word 223Justices224.17Print or type the address of the court again.18-20Leave the spaces blank for the date, month and year as it will be completedby the Court.21Leave this blank as this is where the Judge will sign.22Cross out the words 223Attorney for224 and indicate whether you are the Plaintiffor Defendant. Print or type your name, address, and telephone numberunderneath.After you have filled out the subpoena, bring it to the Court Clerk222s Office. The Clerk willforward it to the Judge and inform you when it is signed. DO NOT go directly to chambers. After it has been "So Ordered," a subpoena must be served in the same manner as asummons. A subpoena fee must be paid when a subpoena is served (see, Civil Practice Law andRules, 223CPLR224 for short, 2472303). Effective January 1, 1989, the subpoena fee forattendance is $15.00. You should check CPLR 2478001(a) for information on fees and toconfirm that the fee has not been changed. You may check the CPLR at any PublicAccess Law Library.The person serving the subpoena must be 18 years of age or older and can not be a partyto the case (CPLR 2472103[a]). The papers may be delivered by a professional processserver, a friend, or a non-party relative of the proper age. The proper manner of serviceis largely set out in Article 3 of the CPLR, which should be consulted before service ismade.Please note that there is information that must be completed on the reverse side of thesubpoena as well. American LegalNet, Inc. www.FormsWorkFlow.com 2S A M P L E4356789101113121415161718192021221SUPREME COURT COUNTY OF , Plaintiff,Index No. -against-JUDICIAL SUBPOENADUCES TECUM , Defendant. The People of the State of New York TO: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before at on the day of , 20 at o'clock, in the noon, and at any recessed or adjourned date to give testimony in this action on the part of and that you bring with you, and produce at the time and place aforesaid, a certain now in your custody, and all other deeds, evidences andwritings, which you have in your custody or power, concerning the premises.Failure to comply with this subpoena is punishable as a contempt of Court and shallmake you liable to the person on whose behalf this subpoena was issued for a penalty notto exceed fifty dollars and all damages sustained by reason of your failure to comply. WITNESS, Honorable one of the of said Court, at the day of , 20 . Attorney for American LegalNet, Inc. www.FormsWorkFlow.com SUPREME COURT COUNTY OF , Plaintiff,Index No. -against-JUDICIAL SUBPOENADUCES TECUM ,Defendant. The People of the State of New YorkTO: 5 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before at on the day of , 20 at o'clock, in the noon, and at any recessed or adjourned date to give testimony in this action on the part of and that you bring with you, and produce at the time and place aforesaid, a certain now in your custody, and all other deeds, evidences andwritings, which you have in your custody or power, concerning the premises.Failure to comply with this subpoena is punishable as a contempt of Court and shallmake you liable to the person on whose behalf this subpoena was issued for a penalty notto exceed fifty dollars and all damages sustained by reason of your failure to comply. WITNESS, Honorable one of the at the day of of saidCourt,, 20 American LegalNet, Inc. www.FormsWorkFlow.com