Out of State Subpoena

Effective January 1, 2011, pursuant to New York State C.P.L.R. § 3119, the County Clerk will be required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon the receipt of a duly issued out-of-state subpoena. The terms of the local subpoena will mimic the out-of-state subpoena and also include all of the contact information of the out of state attorneys or the pro se litigant’s info. This amendment to the C.P.L.R. brings New York into line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, which was enacted to create , “…an efficient and inexpensive procedure for litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state”.

In accordance with the above, upon receipt of an out-of-state subpoena, Court Actions will compare same with an in-state subpoena (to be drafted and presented by the party submitting the out-of-state subpoena, along with original out-of-subpoena). If the information requested in the out-of-state subpoena is identical to the draft in-state subpoena and otherwise complies with § 3119, Court Actions will then execute the in-state subpoena and return same for a fee of ten dollars ($10.00). Please see the detailed instructions in the link below and an exemplar of an in-state subpoena for reference.

Out-of-State Subpoena Filing Instructions

Out-of-state Subpoena Form Exemplar