N.Y. Civil Practice Law & Rules § 2305: Attendance required pursuant to subpoena; possession of books, records, documents or papers

§ 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.

(d) Subpoena duces tecum for a trial; service of subpoena and delivery

for records. Where a trial subpoena directs service of the subpoenaed

documents to the attorney or self-represented party at the return

address set forth in the subpoena, a copy of the subpoena shall be

served upon all parties simultaneously and the party receiving such

subpoenaed records, in any format, shall deliver a complete copy of such

records in the same format to all opposing counsel and self-represented

parties where applicable, forthwith.