Bill Text: NY S04867 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A6047 [S04867 Detail]

Download: New_York-2017-S04867-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4867
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- 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 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    § 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.
                                                                   LBD06661-01-7
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