CPLR 23 - Subpoenas, Oaths and Affirmations Vocabulary

Vocabulary flashcards reviewing core terms, concepts, and requirements of New York CPLR 23, covering subpoenas, service, motions, penalties, and oath administration.

Regular Subpoena

A subpoena requiring the person served to appear and give testimony under CPLR 2301.

Subpoena Duces Tecum

A subpoena requiring the production of a tangible item, such as books and papers, under CPLR 2301.

Child Support Subpoena

A subpoena issued by a social services agency, district, or its authorized representative (Support Collection Unit / SCU) under SSL 111(p).

Subpoena Issuance Without Court Order

Under CPLR 2302, a subpoena issued without a court order by a clerk, judge (where there is no clerk), attorney general, attorney of record, arbitrator, referee, or authorized board, commission, or committee member.

Court-Ordered Subpoena Requirements

Under CPLR 2302(b), a court order on at least 1 day's notice required to compel production of original records, compel attendance of a person confined in a penitentiary/jail, or obtain patient medical records without authorization.

Service of a Subpoena (CPLR 2303)

Service executed in the same manner as a summons (under CPLR 308); filing proof of service is not required when service is completed by leave/mail or affix/mail.

Service Exception for Child Support Subpoenas

Under CPLR 2303(b), service permitted by Regular Mail when served upon specified public utility companies and corporations such as cable, gas, electric, steam, and telephone companies.

Motion to Quash, Fix Conditions or Modify

Under CPLR 2304, a motion made in the court where the subpoena is returnable. If non-judicial, a request to withdraw/modify is made to the issuer before filing in Supreme Court. For child support subpoenas, made to Family Court or Supreme Court.

Advance Witness Fee Discharge Rule

Under CPLR 2305(a), if a subpoenaed person demands the next day's witness fee in advance of the next court date and is not paid, they are deemed discharged.

Hospital Records Subpoena Notice

Under CPLR 2306, a subpoena requiring at least 3 days' notice before the time fixed for production of hospital or patient records.

Subpoena for Library or Municipal Corp Records

Under CPLR 2307, a court-ordered subpoena requiring 1 day's notice, issued by a Supreme Court Justice where the item is located or a Trial Court Judge where the action is triable.

Judicial Subpoena

A subpoena issued by a judge, clerk, or officer of the court. Failure to comply is punishable by contempt of court, striking of pleadings (if a party), a penalty up to $150 plus damages, and issuance of a warrant.

Non-Judicial Subpoena

A subpoena not returnable in court. Failure to comply requires the issuer to make a motion in Supreme Court, which may order compliance, impose costs up to $50, a penalty not exceeding $50, damages, and a warrant.

Direct Penalty for Child Support Subpoena Disobedience

A penalty not exceeding $50 imposed directly by the issuing social services agency, which is waived if the person immediately complies upon notice.

90-Day Commitment Review

Under CPLR 2308, the mandate that an offender committed to jail under a commitment warrant for subpoena disobedience must be brought to court every 90 days for review of proceedings.

Persons Authorized to Administer Oaths

Under CPLR 2309, any person authorized to take deed acknowledgments under real property law, any person authorized to receive evidence, or a clerk/deputy administering an oath to a juror.

Form of the Oath

Under CPLR 2309, an oath administered in a manner calculated to awaken the conscience and impress the mind of the recipient in accordance with their religious or ethical beliefs.

Service of a Trial Subpoena (CPLR 2303-A)

A provision permitting a trial subpoena to be served on a party's attorney of record pursuant to CPLR 2103(b), rather than personally on the party, when attendance can be compelled.