Where the attendance at trial of a party or person within the party’s control can be compelled by a trial subpoena, that subpoena may be served by delivery in accordance with subdivision (b) of rule 2103 to the party’s attorney of record.
§ 2303-a.Service of a trial subpoena
Article 23. Subpoenas, Oaths and Affirmations · Last amended 2008 · Last verified July 21, 2026
In one sentenceCPLR 2303-a lets a party serve a trial subpoena on another party, or on someone under that party's control, by delivering it to the party's attorney of record rather than serving the person directly.
Full Text of CPLR 2303-a
Plain-English Summary
Ordinary subpoena service tracks summons service, which can mean tracking down an individual witness in person. CPLR 2303-a offers a shortcut for trial subpoenas aimed at a party to the case, or at a person within that party's control: instead of chasing the witness down, the subpoenaing side can deliver the subpoena to the party's attorney of record under CPLR 2103(b) instead.
The provision exists because attorneys already know where their own clients and the people their clients control are, and personal service on a co-defendant's employee or a plaintiff's family member adds friction without adding reliability. Serving counsel achieves the same notice with less cost and less risk of a missed or evaded service attempt.
Frequently Asked Questions
Can a trial subpoena be served on a party's lawyer instead of the party?
Yes, when the party's attendance at trial can be compelled and the subpoena is one covered by CPLR 2303-a, it may be served by delivery to the party's attorney of record under CPLR 2103(b).
Does CPLR 2303-a apply to a witness who is not a party?
No. It applies to a party or to a person within that party's control whose attendance at trial can be compelled — a nonparty stranger to the case still needs to be served under the standard rules in CPLR 2303.
What does serving a subpoena under CPLR 2103(b) mean?
CPLR 2103(b) sets out the accepted methods for serving papers on an attorney who already represents a party in the action, such as mail or delivery to the attorney's office, and CPLR 2303-a incorporates those methods for trial subpoenas covered by the section.
Why would a lawyer use CPLR 2303-a instead of personally serving a witness?
It saves the time and expense of tracking down an individual witness when the witness is a party, or someone the party controls, because delivery to the attorney of record accomplishes the same notice.
Does CPLR 2303-a change the witness fee requirement?
No. CPLR 2303-a governs how the subpoena is served; the witness fee and travel expense requirements of CPLR 2303 still apply to the person subpoenaed.
Advisory Committee Notes
This proposal is designed to reduce the need for formal service of trial subpoenas on a party or person within the party’s control. There is no reason why a subpoena should have to be served upon a party, thereby creating an unnecessary expense for the party serving the subpoena and unnecessary annoyance and embarrassment for the party receiving the subpoena. This provision would allow for service of the subpoena in the same manner as all other papers which are served by one attorney on another pursuant to CPLR 2103. Under existing law, the attendance of a party’s employee located outside the state can be compelled by service of a subpoena on the employer within the state. See Standard Fruit and Steamship Co. v. Waterfront Commission of New York Harbor, 43 N.Y.2d 11 (1977); Communications Corp. v General Motors Corp., 172 Misc. 2d 821 (Sup. Ct., N. Y. Co., 1977). This provision only modifies the method of services of the subpoena. In addition, the rule does not provide for any change in the requirement for a fee to be provided with the subpoena. The Committee credits the New York State Bar Association Committee on the Civil Practice Law and Rules with having inspired the formulation of this proposal and for its continuing commentary on this issue.
Amendment History
Add, L 2007, ch 192, § 1, eff Jan 1, 2008.
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: serve trial subpoena on attorney New Yorktrial subpoena on party New Yorksubpoena party's attorney of recordCPLR 2103 subpoena service