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Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.668
- Referred to judiciary
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1043
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for service of subpoena and delivery of records
In Senate Committee · Judiciary · Sponsor Matthew Titone
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5621
Title of bill
An act to amend the civil practice law and rules, in relation to a subpoena of records for trial
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice.
Our Advisory Committee has studied the procedures by which records intended for use at trial are produced pursuant to a subpoena duces tecum; and is of the view that counsel should have the option of having trial material delivered to the attorney or self-represented party at the return address set forth in the subpoena, rather than to the clerk of the court. This is especially true where the materials are in digital format and can be delivered on a disk or through other electronic means.
In this measure, CPLR 2305 would be amended to add a new subdivision (d) providing that 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. This measure, which would have no fiscal impact, would be effective immediately and apply to all actions pending on or after such effective date.
Legislative History:
None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.