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Only an officer of the court, including a New York attorney, can issue (or sign) a subpoena issued in a court action or civil proceeding (CPLR 2302(a)).
Slightly different from a standard subpoena, the Duces Tecum subpoena doesnt require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.
How to Respond to a Third-Party Subpoena for Documents Consider Engaging an Attorney. Businesses: Notify Anyone Else of Importance. Identify all individuals who have responsive documents. Instruct individuals on how to search for and collect documents. Comply with the subpoena and provide the requested documents.
Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to
Serve the Subpoena. It must be served within a reasonable time in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).
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Out-of-State Subpoena Domestication in New York Obtain a commission from the court where the action was pending. Initiate a special proceeding. Demonstrate the necessity of the demand for production of evidence, deposition of potential witnesses, or written interrogatory.
A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
6) A copy of a Subpoena for Records (Duces Tecum) must also be served either in hand or by mail on each party who has appeared in the action so that it is received by them promptly after service on the witness.
(c) Licensed members of the California State Bar, acting as an attorney of record for a party, are required to issue their own subpoenas and subpoenas duces tecum. When issuing subpoenas, the attorney shall comply with the provisions of Sections 1985 to 1985.6, inclusive, of the Code of Civil Procedure.
Serving an Information Subpoena An information subpoena may be served by registered or certified mail, with return receipt requested (CPLR 5224(a)(3)). If the person being served consents in writing, the information subpoena may be served electronically (CPLR 5224(a)(4)).

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