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New York StateUnified Court System

Subpoenaed Records/Interpreters/Withdrawal


A. SUBPOENAED RECORDS

The court operates a Subpoenaed Records Section (Room 145M), which receives, logs in, and maintains all subpoenaed records. Parties may learn of the arrival of records by consulting the computer terminals in the courthouse. After trial, original records are returned to the person who submitted them and copies are destroyed. However, if the case is appealed, all records will be retained pending the outcome of the appeal; the Section should be notified of the intent to appeal.

B. INTERPRETERS

Litigants who require interpreters for simultaneous translation in depositions, to consult with counsel outside the court, or for other aspects of civil cases must make their own arrangements.  The court will, however, provide interpreters for witnesses in trials or hearings in this court or if the court needs to communicate with a party. Such services require the authorization of the Justice presiding.  The court has several Spanish-English interpreters on staff.  The court also maintains a list of interpreters for some other languages, including sign language.  The qualifications of these interpreters have been reviewed by the Office of Court Administration and found satisfactory.

An attorney who seeks an interpreter in a language other than Spanish must inform the Justice presiding of the request several days in advance to afford the Justice time to consider the request.  The relevant back office of the court needs 48 hours notice in order to be able to make necessary arrangements if approval is granted.

C.   APPEARANCE AND WITHDRAWAL OF COUNSEL

Atttorneys who appear in cases in the court should check the court's Civil Case Information System (computerized case history system) or the attorney listings in our court's Supreme Court Records On-Line Library ("Scroll") on this website to be sure that their appearance has been correctly recorded there.

An attorney of course can withdraw from a representation without court approval upon filing a consent to change counsel. Consents to change attorneys must be filed in the General Clerk's Office so that the court's computer can be modified to reflect accurately the representations in the case.  Filing with the County Clerk does not suffice since, as noted, the two offices maintain separate computer systems. 

Absent the proper filing of a consent, an attorney will continue as attorney of record, irrespective of discord with the client or longstanding inability to contact the client, unless the attorney obtains judicial approval to withdraw. The attorney must make a motion for leave to withdraw. If the motion is granted, outgoing counsel must of course comply with all terms of the court’s order. A copy of the order must be served by the attorney on both the County Clerk and the General Clerk's Office so that each may modify its records.

 

 

 

April 2015