Foreign Subpoena for Discovery in New York

What Is a Foreign Subpoena for Discovery?

Background

The Uniform Interstate Depositions and Discovery Act (Uniform Act) provides an expedited procedure by which to obtain disclosure in New York for use in an action pending in another United States jurisdiction without the need for a New York court order. (Civ. Prac. Law & Rules, § 3119.) The Uniform Act was enacted to provide a cooperative interstate procedure for obtaining out-of-state discovery. (Id.)

The statute provides that an application to the court to enforce, quash, or modify a subpoena issued in another state must comply with the rules or statutes of New York and be submitted to the court in the county in which discovery is to be conducted. (Hyatt v. State Franchise Tax Board, 105 A.D.3d 186, 200 [2nd Dept. 2013].)

How to Structure the Motion

“[I]f any party to an out-of-state proceeding retains an attorney licensed to practice in [New York], and that attorney receives the original or a true copy of an out-of-state subpoena, the attorney may issue [the] subpoena.” (Civ. Prac. Law & Rules, § 3119(b)(4).)

A “subpoena” shall refer to “a document, however denominated, issued under authority of a court of record requiring a person to:

attend and give testimony at a deposition;
produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody or control of the person; or
permit inspection of premises under the control of the person.”

(Civ. Prac. Law & Rules, § 3119(a)(4).)

“To request issuance of a subpoena… a party must submit an out-of-state subpoena to the county clerk in the county in which discovery is sought to be conducted in [New York] state.” (Civ. Prac. Law & Rules, § 3119(b)(1).)

The subpoena must “incorporate the terms used in the out-of-state subpoena” and “contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.” (Civ. Prac. Law & Rules, § 3119(b)(3).)

The Court’s Decision

Under the Uniform Act, discovery authorized by the subpoena must comply with the rules of the state in which it occurs. (Hyatt v. State Franchise Tax Board, 105 A.D.3d 186, 962 N.Y.S.2d 282, 293 [2nd Dept. 2013].)

“So long as the information sought is material and necessary to the prosecution or defense of an action, it shall be disclosed.” (Kapon v. Koch, 105 A.D.3d 650, 963 N.Y.S.2d 578 [1st Dept. 2013].) The phrase ‘material and necessary’ is “to be interpreted liberally to require disclosure, upon request, or any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason.” (Kooper v. Kooper, 74 A.D.3d 6, 10, 901 N.Y.S.2d 312 [2nd Dept. 2010].) “Liberal discovery is favored and pretrial disclosure extends not only to proof that is admissible but also to matters that may lead to the disclosure of admissible proof.” (Twenty Four Hour Fuel Oil Corp. v. Hunter Ambulance, Inc., 226 A.D.2d 175, 175-76 [1st Dept. 1996].)

Documents for Foreign Subpoena for Discovery in New York

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Regions Bank, Bankunited, N.A., First Horizon Bank, Trustmark National Bank, Santander Bank, N.A. v. Vativorx, Llc document preview

EXHIBIT(S) - 1 (Motion #009) Greenberg Traurig Invoices - Regions Bank - G…

65 pages

FILED: NEW YORK COUNTY CLERK 04/12/2024 10:28 PM INDEX NO. 654741/2022 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/12/2024 Exhibit 1 FILED: NEW YORK COUNTY CLERK 04/12/2024 10:28 PM INDEX NO. 654741/2022 NYSCEF DOC. NO. 326 …

Case Name Regions Bank, Bankunited, N.A., First Horizon Bank, Trustmark National Ban…