A subpoena requires the attendance of a person to give testimony. A subpoena duces tecum requires production of books, papers and other things. A child support subpoena is a subpoena issued pursuant to section one hundred eleven-p of the social services law by the office of temporary and disability assistance or a local social services district, or its authorized representative, or another state’s child support enforcement agency governed by title IV-D of the social security act. A trial subpoena duces tecum shall state on its face that all papers or other items delivered to the court pursuant to such subpoena shall be accompanied by a copy of such subpoena.
§ 2301.Scope of subpoena.
Article 23. Subpoenas, Oaths and Affirmations · Last amended 2002 · Last verified July 21, 2026
In one sentenceCPLR 2301 defines the two kinds of subpoena New York courts use: one that compels a person to show up and testify, and one that compels a person to hand over documents or other physical items, plus the special subpoena used in child support enforcement.
Full Text of CPLR 2301
Plain-English Summary
Every subpoena practice in New York starts here. A plain subpoena orders someone to appear and testify. A subpoena duces tecum orders someone to produce books, papers, or other things — it can stand alone or ride alongside a subpoena to testify. Lawyers use the two terms constantly, and CPLR 2301 is the section that pins down what each one requires.
The section also carves out a third category: the child support subpoena. Support enforcement agencies, including the state office of temporary and disability assistance and local social services districts, issue these under the Social Services Law instead of drawing on ordinary CPLR authority. New York also gives effect to a child support subpoena issued by another state's Title IV-D enforcement agency, which matters when a parent or an employer sits in New York but the support order comes from elsewhere.
One procedural detail carries real weight at trial: when a trial subpoena duces tecum goes out, it must state on its face that anything delivered to the court under it has to arrive with a copy of the subpoena attached. That rule exists so a clerk or judge who receives a stack of records can tell at a glance what compelled their production and under what terms.
Frequently Asked Questions
What is the difference between a subpoena and a subpoena duces tecum in New York?
A subpoena orders a person to appear and testify. A subpoena duces tecum orders a person to produce books, papers, or other things, and it can be combined with a subpoena to testify or issued on its own.
What is a child support subpoena under CPLR 2301?
It is a subpoena issued under section 111-p of the Social Services Law by the office of temporary and disability assistance, a local social services district, or another state's Title IV-D child support enforcement agency, not by a court or party attorney acting under ordinary CPLR authority.
Does a subpoena duces tecum have to say anything special if it is for a trial?
Yes. A trial subpoena duces tecum must state on its face that any papers or other items delivered to the court under it must be accompanied by a copy of the subpoena itself.
Can one subpoena both compel testimony and demand documents?
Yes. CPLR 2301 and the related sections treat the subpoena duces tecum as something that may be joined with a subpoena to testify at a trial, hearing, or examination, or issued as a separate document.
Will New York enforce a child support subpoena issued by another state?
Yes. CPLR 2301 recognizes a subpoena issued by another state's child support enforcement agency operating under Title IV-D of the Social Security Act as a child support subpoena for purposes of this article.
Advisory Committee Notes
This section adds “things” to the list of what could be obtained by a subpoena duces tecum under CPA § 403.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1964, ch 388, § 7, eff Sept 1, 1964; L 1997, ch 398, § 55; L 2001, ch 355, § 1, eff Jan 1, 2002.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: subpoena duces tecum New Yorkdifference between subpoena and subpoena duces tecumNew York child support subpoenawhat is a subpoena duces tecumtrial subpoena New York records