N.Y. Civil Practice Law & Rules § 2308: Disobedience of subpoena

§ 2308. Disobedience of subpoena. (a) Judicial. Failure to comply with

a subpoena issued by a judge, clerk or officer of the court shall be

punishable as a contempt of court. If the witness is a party the court

may also strike his or her pleadings. A subpoenaed person shall also be

liable to the person on whose behalf the subpoena was issued for a

penalty not exceeding one hundred fifty dollars and damages sustained by

reason of the failure to comply. A court may issue a warrant directing a

sheriff to bring the witness into court. If a person so subpoenaed

attends or is brought into court, but refuses without reasonable cause

to be examined, or to answer a legal and pertinent question, or to

produce a book, paper or other thing which he or she was directed to

produce by the subpoena, or to subscribe his or her deposition after it

has been correctly reduced to writing, the court may forthwith issue a

warrant directed to the sheriff of the county where the person is,

committing him or her to jail, there to remain until he or she submits

to do the act which he or she was so required to do or is discharged

according to law. Such a warrant of commitment shall specify

particularly the cause of the commitment and, if the witness is

committed for refusing to answer a question, the question shall be

inserted in the warrant.

(b) Non-judicial. (1) Unless otherwise provided, if a person fails to

comply with a subpoena which is not returnable in a court, the issuer or

the person on whose behalf the subpoena was issued may move in the

supreme court to compel compliance. If the court finds that the subpoena

was authorized, it shall order compliance and may impose costs not

exceeding fifty dollars. A subpoenaed person shall also be liable to the

person on whose behalf the subpoena was issued for a penalty not

exceeding fifty dollars and damages sustained by reason of the failure

to comply. A court may issue a warrant directing a sheriff to bring the

witness before the person or body requiring his appearance. If a person

so subpoenaed attends or is brought before such person or body, but

refuses without reasonable cause to be examined, or to answer a legal

and pertinent question, or to produce a book, paper or other thing which

he was directed to produce by the subpoena, or to subscribe his

deposition after it has been correctly reduced to writing, the court,

upon proof by affidavit, may issue a warrant directed to the sheriff of

the county where the person is, committing him to jail, there to remain

until he submits to do the act which he was so required to do or is

discharged according to law. Such a warrant of commitment shall specify

particularly the cause of the commitment and, if the witness is

committed for refusing to answer a question, the question shall be

inserted in the warrant.

(2) Notwithstanding the provisions of paragraph one of this

subdivision, if a person fails to comply with a subpoena issued pursuant

to section one hundred eleven-p of the social services law by the office

of temporary and disability assistance or a social services district, or

its authorized representative, or another state's child support

enforcement agency governed by title IV-D of the social security act,

such office or district is authorized to impose a penalty against the

subpoenaed person. The amount of the penalty shall be determined by the

commissioner of the office of temporary and disability assistance and

set forth in regulation, and shall not exceed fifty dollars. Payment of

the penalty shall not be required, however, if in response to

notification of the imposition of the penalty the subpoenaed person

complies immediately with the subpoena.

(c) Review of proceedings. Within ninety days after the offender shall

have been committed to jail he shall, if not then discharged by law, be

brought, by the sheriff, or other officer, as a matter of course

personally before the court issuing the warrant of commitment and a

review of the proceedings shall then be held to determine whether the

offender shall be discharged from commitment. At periodic intervals of

not more than ninety days following such review, the offender, if not

then discharged by law from such commitment, shall be brought, by the

sheriff, or other officer, personally before the court issuing the

warrant of commitment and further reviews of the proceedings shall then

be held to determine whether he shall be discharged from commitment. The

clerk of the court before which such review of the proceedings shall be

held, or the judge or justice of such court in case there be no clerk,

shall give reasonable notice in writing of the date, time and place of

each such review to each party or his attorney who shall have appeared

of record in the proceeding resulting in the issuance of the warrant of

commitment, at their last known address.