What is a subpoena?
A subpoena is an official legal document that requires a person or organization to take a specific action. This may include providing documents, sharing information, or appearing to give testimony.
Receiving a subpoena means compliance is required by law, and it will include details about what is requested and any deadlines.
Types of subpoenas
- Subpoena for documents (subpoena duces tecum)
This type of subpoena requires a person or organization to provide specific documents, records, or other materials. - Subpoena for testimony (subpoena ad testificandum)
This type of subpoena requires a person to appear and give testimony, either in court, at a deposition, or in another legal proceeding.
How to Request a "So-Ordered" Subpoena:
For Attorneys:
Requests for so-ordered subpoenas may be submitted in person or electronically using NYSCEF for Custody, Visitation, Guardianship, Support, Paternity, and Parentage cases. The subpoena must be filed directly to the corresponding docket number. Select the drop-down option “Subpoena Duces Tecum" in NYSCEF. The subpoena will be routed to the assigned jurist. The court will notify the applicant by email as to whether the request is granted or denied.
For case types not eligible for NYSCEF e-filing (ex. Child Protective, Juvenile Delinquency, Family Offense), you may submit subpoenas electronically using the Electronic Document Delivery System (EDDS). From the EDDS drop-down menu, select the appropriate court and case type. The subpoena will be routed to the assigned jurist. The court will notify the applicant by email as to whether the request is granted or denied.
Counsel shall submit subpoenas in PDF format only. Locked or password-protected documents will not be accepted.
Unless instructed otherwise by the court, a subpoena duces tecum submitted for signature should require the records to be returnable to the attorney proffering the subpoena. Wherever possible, subpoenas should require records to be produced digitally.
A subpoena for protected or otherwise confidential material accompanied by a request for in-camera inspection of the material should require the records to be in unredacted hard copy form and should be returnable to the courthouse.
Where the subpoena orders records to be made returnable to the applying counsel, counsel must keep the original received set of records safe and unmodified.
For records subject to an in-camera inspection, upon completion of such inspection, the jurist will notify counsel if the records will be made available for retrieval. To retrieve records, counsel should schedule a pick-up appointment in accordance with local record room procedures. A photo ID will be required to sign out records.
Nothing in these guidelines should be construed as relieving counsel and/or parties from complying with any and all applicable legal requirements contained in the CPLR, Family Court Act, Social Services Law, other statutory or decisional law, or rule.
For Non-Attorneys:
For information about how to submit a request for a so-ordered subpoena, unrepresented litigants should contact the Clerk of Court's Office in the county in which the case is pending, using the appropriate telephone number or email address, below:
- Bronx County Family Court: 718-618-2098 or [email protected]
- Kings County Family Court (Brooklyn): 347-401-9610 or [email protected]
- New York County Family Court (Manhattan): 646-386-5223 or [email protected]
- Queens County Family Court: 718-298-0197 or [email protected]
- Richmond County Family Court (Staten Island): 718-675-8893 or [email protected]
Alternatively, unrepresented litigants may submit subpoenas electronically via NYSCEF for Custody, Visitation, Guardianship, Support, Paternity, and Parentage cases. The subpoena must be filed directly to the corresponding docket number. Subpoenas for Family Offense cases may be submitted via the Electronic Document Delivery System (“EDDS”). Use the following link to begin the process of submitting through EDDS.