N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 645-6.8 - Subpoenas

(a) In the case of parties not represented by an attorney:

(1) a subpoena for a witness during the course of a hearing shall be issued at the discretion of the hearing officer; and

(2) a subpoena involving specified records (subpoena duces tecum) shall be issued by the hearing officer only when the party applying for such subpoena provides a written showing of necessity. Such a subpoena shall designate as specifically as possible the books, papers or other materials to be produced by the party against whom the subpoena is served.

(b) The service of a subpoena shall be the responsibility of the party requesting the subpoena.

(c) If a party or witness fails to respond to a subpoena personally served, the default shall be noted in the hearing record. If the testimony involved is essential for the completion of a party's case, the hearing may be adjourned until the party requesting or issuing the subpoena has had a reasonable opportunity to obtain compliance with the subpoena in accordance with applicable law.

(d) Nothing in this Part shall affect the authority of an attorney of record for any party to issue subpoenas under the provisions of CPLR section 2302.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.8