Current through Register Vol. 46, No. 45, November 2, 2024
(a) Upon the application of any party to a proceeding, subpoenas and subpoenas duces tecum may be signed and issued by a commissioner, by the presiding officer in the investigation or hearing in which the subpoena or subpoena duces tecum is requested, or by the secretary. Normally, it is expected that requests for subpoenas will be presented to the presiding officer where one has been assigned. A copy of any request for a subpoena duces tecum shall be served on the party alleged to possess the documents requested.(b) A subpoena duces tecum will be issued only upon written application at least seven days in advance of the hearing, setting forth the documents desired to be produced and the reasons they are reasonably related to the subject of the proceeding.(c) Whenever a subpoena is issued at the request of any party, the cost of service thereof and the fee of the witness shall be borne by the party at whose request the witness is summoned.(d) Except as otherwise provided in this Title, matters related to subpoenas and subpoenas duces tecum shall be governed by the provisions of the Civil Practice Law and Rules.N.Y. Comp. Codes R. & Regs. Tit. 16 § 3.4