Bill Text: NY A07057 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7057 (Prior Session Legislation)

Introduced

Bill Title: Provides for service of subpoena and delivery of records.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2016-03-22 - REFERRED TO JUDICIARY [A07057 Detail]

Download: New_York-2015-A07057-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7057
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 22, 2015
                                      ___________
       Introduced by M. of A. TITONE, WEINSTEIN -- (at request of the Office of
         Court  Administration)  --  read once and referred to the Committee on
         Judiciary
       AN ACT to amend the civil practice law  and  rules,  in  relation  to  a
         subpoena of records for trial
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2305 of the civil practice law and rules is amended
    2  by adding a new subdivision (d) to read as follows:
    3    (D) SUBPOENA DUCES TECUM FOR A TRIAL; SERVICE OF SUBPOENA AND DELIVERY
    4  FOR RECORDS. WHERE A TRIAL SUBPOENA DIRECTS SERVICE  OF  THE  SUBPOENAED
    5  DOCUMENTS  TO  THE  ATTORNEY  OR  SELF-REPRESENTED  PARTY  AT THE RETURN
    6  ADDRESS SET FORTH IN THE SUBPOENA, A  COPY  OF  THE  SUBPOENA  SHALL  BE
    7  SERVED  UPON  ALL  PARTIES  SIMULTANEOUSLY  AND THE PARTY RECEIVING SUCH
    8  SUBPOENAED RECORDS, IN ANY FORMAT, SHALL DELIVER A COMPLETE COPY OF SUCH
    9  RECORDS IN THE SAME FORMAT TO ALL OPPOSING COUNSEL AND  SELF-REPRESENTED
   10  PARTIES WHERE APPLICABLE, FORTHWITH.
   11    S  2.  This act shall take effect immediately and apply to all actions
   12  pending on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09371-03-5