During the case · For the both

Subpoenas and Witnesses in Kings County Cases

Not every document you need is in an opponent's file cabinet. Bank records, medical records, employment files, phone records, and non-party witnesses all require a subpoena, and New York distinguishes between several types with different requirements and different uses.

Subpoenas during the case

To obtain records from a non-party — a bank, an employer, a contractor — serve a subpoena duces tecum with the notice the rules require, and serve copies on all parties. State the circumstances or reasons the disclosure is sought where required. Witness fees must be tendered. Some records, particularly medical and certain financial materials, require an authorization or a court order.

Getting testimony

A subpoena can compel a non-party to appear for a deposition or to testify at trial. Coordinate the date rather than ambushing the witness; a cooperative non-party produces better testimony than a hostile one dragged in under threat. If the witness is outside New York, additional interstate procedures apply.

Quashing and objecting

A recipient can move to quash or for a protective order on grounds of overbreadth, burden, privilege or irrelevance. Courts will narrow a fishing expedition rather than enforce it. Draft narrowly — a targeted request for the specific account statements over a defined period is enforced far more readily than a demand for all records ever generated.

Information subpoenas after judgment

Once you hold a judgment, information subpoenas with restraining notices let you ask the debtor and third parties, including banks, about assets. This is the practical engine of collection in New York, and it can be served by mail in the manner the statute permits. Non-compliance is enforceable by motion.

Common questions

Can I subpoena someone's bank records?
Records can be reached by subpoena where relevant, subject to notice requirements and the bank's own procedures; the account holder may move to quash.
Do I have to pay a witness?
Statutory witness and mileage fees must be tendered with the subpoena; experts require separate arrangements.
What if a witness ignores the subpoena?
You can seek judicial enforcement, and contempt is available for willful non-compliance with a properly served subpoena.

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Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.