N.Y. Comp. Codes R. & Regs. tit. 4 § 211.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 211.3 - Request for subpoena

(a) The administrative law judge may issue a subpoena only when the party applying for it files a written affidavit, with four copies, unless the chairperson has authorized electronic filing of such requests, conforming to the requirements of this Part, in which case the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained.

(b)Contents of affidavit for a witness subpoena. Such affidavit must specify:

(1) the name and address of each individual for whom the subpoena is sought; and

(2) facts sufficient to establish the relevancy of the testimony to be adduced pursuant to the subpoena.

(c)Contents of affidavit for subpoena requiring the production of books, papers, documents or other objects; response. Such affidavit must specify:

(1) the books, papers, documents or other objects to be produced pursuant to the subpoena;

(2) facts sufficient to establish the relevancy of the materials to be produced; and

(3) that a copy of the subpoena request and affidavit has been served upon all other parties. A party may file with the administrative law judge a response to the subpoena request, with copy to all other parties, within five working days after its receipt of the subpoena request.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 211.3

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017