New York’s Adoption of UIDDA (CPLR 3119)

New York follows the Uniform Interstate Depositions and Discovery Act (UIDDA), codified in CPLR 3119. This simplifies the procedure for domesticating subpoenas from out-of-state actions. The foreign subpoena is submitted to the New York County Clerk, who issues a corresponding New York subpoena mirroring its terms.

Step-by-Step Procedure

1. Required Documents

• One original and one copy of the foreign subpoena issued by a judge or clerk (attorney-signed subpoenas are not valid in NY).
• One original and one copy of the New York subpoena prepared under CPLR 3119.
• Both subpoenas must match exactly in caption, names, addresses, and information.

2. Statutory Requirements

• The NY subpoena must state:
  “Issued under the provisions of the Uniform Interstate Deposition and Discovery Act and CPLR 3119.”

• Must identify the deponent/recipient.
• Must allow at least 20 days for compliance (CPLR 3107, CPLR 3120).
• Must include a failure-to-comply paragraph per CPLR 2308.
• Must clearly state whether personal attendance is required or if document production suffices.

3. Special Rules for Depositions

• Depositions must occur in the county where the witness resides or works (CPLR 3110).
• Remote depositions are permitted if agreed upon, but details for participation must be included.

4. Medical or Sensitive Records

• Subpoenas for health, mental health, reproductive, or gender-affirming records must comply with CPLR 3119(g) and (h).
• If such records are not being sought, the subpoena must explicitly exclude them.

Filing & Fees

• Fee: $10 per recipient subpoena (payable to the County Clerk).
• Submission includes a self-addressed stamped envelope for return.
• Processing is typically quick, but attorneys should account for clerk turnaround when setting compliance deadlines.

Enforcement and Objections

• A subpoena recipient who fails to comply may be held accountable under CPLR 2308.
• Motions to quash, modify, or enforce are brought in the New York court that issued the subpoena.

How Countrywide Process Makes Filing and Service Fast & Reliable

• Provides the correct CPLR 3119 subpoena, ensuring statutory compliance.
• Handles filing and issuance with the County Clerk.
• Advances all clerk fees.
• Coordinates professional service and delivers proof.
• Offers real-time online status updates from filing to compliance.

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