Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York 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 info 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 the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in County Clerk’s office). If the information requested in the out-of-state subpoena is identical to the in-state subpoena the Court Clerk will then time stamp the in-state subpoena, as filed, and return same for a fee of ten dollars ($10.00).