What's happening
This bill requires that when records are subpoenaed for trial, all parties must receive copies of the subpoena and the records.
Why it matters
Ensures transparency and fairness. by requiring that all parties in a civil trial are notified and receive the same records obtained via subpoena, preventing one party from having undisclosed evidence.
Reduces the risk of “trial by surprise”. by making it harder for any side to introduce documents that other parties haven’t seen, which can help level the playing field, especially for self-represented litigants.
Standardizes the process of record sharing. by mandating that records be provided in the same format to everyone, which can improve efficiency and reduce disputes over incomplete or altered information.
Applies immediately to ongoing cases. , meaning people currently involved in litigation will benefit from these new protections as soon as the law takes effect.
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Who cares
Headline styles
Share Trial Subpoena Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Substituted by A6047
- Advanced to third reading
- 2nd report cal.
- 1st report cal.319
- Referred to judiciary
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.428
- 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.
Share Subpoenaed Records Faster
Signed by Governor · Sponsor Matthew Titone
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4867
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. BONACIC -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to a subpoena of records for trial
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2305 of the civil practice law and rules is amended by adding a new subdivision (d) to read as follows:
(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.
§ 2. This act shall take effect immediately and apply to all actions pending on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06661-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
2015-2016 LEGISLATIVE HISTORY :
Senate 5621 (Sen. Bonacic) (committed to Rules) Assembly 7057 (M. of A. Titone) (PASSED)
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.