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So to answer the question of whether it is possible to serve defendants through email, the short answer is yes.
A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines.
To authorize service of process by e-mail or facsimile transmission in New York, C.P.L.R. § 308 requires the plaintiff to make an ex parte motion. Otherwise, service may be deemed invalid even if the defendant received the summons. The plaintiff must also prove that service under all other methods is impracticable.
If you would like to subpoena a witness or documents, you must come to the Clerk's office and fill out the subpoena forms. Click on Locations to find out where to go in your county. You can also get help with a subpoena from the Help Center or from the court attorneys in the Part where your case is assigned.
The right to to issue a subpoena duces tecum is found in CPL 610.20: 1. Any criminal court may issue a subpoena for the attendance of a witness in any criminal action or proceeding in such court.
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In the case of service by email, a specified method can be agreed so that the receipt of court documents may be managed and monitored properly. Service of documents by email is 'opt-in'. Simply because correspondence is sent by email between the parties does not mean a court document may be served by email.
An Information Subpoena is generally served by Certified or Registered Mail, Return Receipt Requested, or it may alternatively be served by personal delivery or by using the \u201cSubstituted Service\u201d or \u201cConspicuous Service\u201d method.
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 ...
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
So to answer the question of whether it is possible to serve defendants through email, the short answer is yes.

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