Bill Text: NY S04530 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 4530 (Prior Session Legislation)

Bill Title: Establishes guidelines for information subpoenas.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-08-03 - SIGNED CHAP.342 [S04530 Detail]

Download: New_York-2011-S04530-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4530
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 11, 2011
                                      ___________
       Introduced  by  Sens.  SALAND, FARLEY -- read twice and ordered printed,
         and when printed to be committed to the Committee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to  estab-
         lishing guidelines for information subpoenas
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 3 of subdivision (a) of rule 5224  of  the  civil
    2  practice  law  and  rules, as amended by chapter 452 of the laws of 2006
    3  and the opening paragraph as amended by chapter 552 of the laws of 2006,
    4  is amended to read as follows:
    5    3. an information subpoena, accompanied by  a  copy  and  original  of
    6  written  questions  and a prepaid, addressed return envelope. Service of
    7  an information subpoena may be made by  registered  or  certified  mail,
    8  return  receipt requested. EACH INFORMATION SUBPOENA SHALL BE SEPARATELY
    9  MAILED. Answers shall be made in writing under oath by the  person  upon
   10  whom  served,  if  an  individual,  or by an officer, director, agent or
   11  employee having the information, if a corporation, partnership  or  sole
   12  proprietorship. Each question shall be answered separately and fully and
   13  each  answer  shall  refer to the question to which it responds. Answers
   14  shall be returned together with the original  of  the  questions  within
   15  seven  days  after  receipt.  Where the person serving the subpoena is a
   16  judgment creditor, other than where the  state,  a  municipality  or  an
   17  agency  or officer of the state or a municipality is the judgment credi-
   18  tor, the following additional rules shall apply:
   19    (i) information subpoenas, served on an  individual  or  entity  other
   20  than  the  judgment debtor, may be served on an individual, corporation,
   21  partnership or sole proprietorship only if the judgment creditor or  the
   22  judgment  creditor's  attorney  has  a  reasonable belief that the party
   23  receiving the subpoena has in their  possession  information  about  the
   24  debtor  that will assist the creditor in collecting his or her judgment.
   25  Any information subpoena served  pursuant  to  this  subparagraph  shall
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10417-01-1
       S. 4530                             2
    1  contain  a  certification  signed by the judgment creditor or his or her
    2  attorney stating the following: I HEREBY CERTIFY THAT  THIS  INFORMATION
    3  SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND
    4  THAT  I  HAVE A REASONABLE BELIEF THAT THE PARTY RECEIVING THIS SUBPOENA
    5  HAS IN THEIR POSSESSION INFORMATION ABOUT THE DEBTOR  THAT  WILL  ASSIST
    6  THE  CREDITOR  IN COLLECTING THE JUDGMENT. By signing the certification,
    7  the judgment creditor or attorney certifies that, to the  best  of  that
    8  person's  knowledge,  information  and  belief,  formed after an inquiry
    9  reasonable under  the  circumstances,  that  the  individual  or  entity
   10  receiving  the  subpoena has relevant information about the debtor.  ANY
   11  INFORMATION SUBPOENA SERVED  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL  BE
   12  ACCOMPANIED  BY A VERIFICATION STATING THE GROUNDS BY WHICH THE JUDGMENT
   13  CREDITOR HAS FORMED THE REASONABLE BELIEF REQUIRED BY THIS SUBPARAGRAPH.
   14  FOR PURPOSES OF AN INFORMATION SUBPOENA SERVED ON  A  FEDERAL  OR  STATE
   15  CHARTERED  CREDIT UNION, VERIFICATION SHALL INCLUDE A STATEMENT THAT THE
   16  JUDGMENT DEBTOR IS ELIGIBLE TO BECOME A MEMBER OF THE CREDIT UNION.
   17    (ii) if an information subpoena, served on  an  individual  or  entity
   18  other  than  the  judgment debtor, does not contain the certification OR
   19  VERIFICATION provided for in subparagraph (i) [of] OR IS NOT  MAILED  IN
   20  ACCORDANCE  WITH  this paragraph, such subpoena shall be deemed null and
   21  void.
   22    (iii) if an information subpoena, served on an  individual  or  entity
   23  other  than the judgment debtor, does contain the certification provided
   24  for in subparagraph (i) of this paragraph, the individual,  corporation,
   25  partnership  or  sole proprietorship receiving the subpoena, may move to
   26  quash the subpoena pursuant to section twenty-three hundred four of this
   27  chapter, except that such motion shall be made in the court that  issued
   28  the underlying judgment.
   29    (iv)  failure to comply with an information subpoena shall be governed
   30  by subdivision (b) of section twenty-three hundred eight of  this  chap-
   31  ter,  except that such motion shall be made in the court that issued the
   32  underlying judgment.
   33    S 2. This act shall take effect immediately.