§ 1-43 Subpoenas.
RCNY § 1-43
(a)A subpoena ad testificandum requiring the attendance of a person to give testimony prior to or at a trial or a subpoena duces tecum requiring the production of documents or things at or prior to a trial may be issued only by the administrative law judge upon application of a party or sua sponte.
(b)A request by a party that the administrative law judge issue a subpoena will be deemed to be a motion, and must be made in compliance with 48 RCNY § 1-34 or 48 RCNY § 1-50, as appropriate; provided, however, that such a motion must be made on 24 hours' notice by electronic means or personal delivery of papers, including a copy of the proposed subpoena, unless the administrative law judge directs otherwise. The proposed subpoena may be prepared by completion of a form subpoena available from OATH. The making and scheduling of requests for issuance of subpoenas by telephone conference call to the administrative law judge or by electronic means is encouraged.
(c)Subpoenas must be served in the manner provided by § 2303 of the Civil Practice Law and Rules, unless the administrative law judge directs otherwise. The party requesting the issuance of a subpoena will bear the cost of service, and of witness and mileage fees, which will be the same as for a trial subpoena in the Supreme Court of the State of New York.
(d)In the event of a dispute concerning a subpoena after the subpoena is issued, informal resolution must be attempted with the party who requested issuance of the subpoena. If the dispute is not thus resolved, a motion to quash, modify or enforce the subpoena must be made to the administrative law judge. (Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)
