(a) A subpoena requiring attendance or a subpoena duces tecum shall be served in the same manner as a summons, except that where service of such a subpoena is made pursuant to subdivision two or four of section three hundred eight of this chapter, the filing of proof of service shall not be required and service shall be deemed complete upon the later of the delivering or mailing of the subpoena, if made pursuant to subdivision two of section three hundred eight of this chapter, or upon the later of the affixing or mailing of the subpoena, if made pursuant to subdivision four of section three hundred eight of this chapter. Any person subpoenaed shall be paid or tendered in advance authorized traveling expenses and one day’s witness fee. A copy of any subpoena duces tecum served in a pending civil judicial proceeding shall also be served, in the manner set forth in rule twenty-one hundred three of this chapter, on each party who has appeared in the civil judicial proceeding so that it is received by such parties promptly after service on the witness and before the production of books, papers or other things.
§ 2303.Service of subpoena; payment of fees in advance.
Article 23. Subpoenas, Oaths and Affirmations · Last amended 2004 · Last verified July 21, 2026
In one sentenceCPLR 2303 requires a subpoena to be served the same way as a summons, sets the witness fee and travel expense that must be paid up front, and requires a copy of any subpoena duces tecum in a pending case to reach every appeared party before the documents are produced.
Full Text of CPLR 2303
(b) A child support subpoena issued pursuant to section one hundred eleven-p of the social services law to public utility companies and corporations, including but not limited to cable television, gas, electric, steam, and telephone companies and corporations, as defined in section two of the public service law, may be served by regular mail, or through an automated process where information sought is maintained in an automated data base. All other child support subpoenas issued pursuant to section one hundred eleven-p of the social services law shall be served in accordance with the provisions of subdivision (a) of this section.
Plain-English Summary
A subpoena carries the same service requirements as a summons, with one shortcut: when service is made by the affix-and-mail or deliver-and-mail methods under CPLR 308, there is no need to file proof of service, and service is deemed complete once the later of the two steps — delivery or mailing, affixing or mailing — has happened.
Money matters here too. Anyone served with a subpoena must be paid or tendered, in advance, authorized traveling expenses and one day's witness fee. A witness who never receives that payment has grounds to treat the subpoena as ineffective for that day's attendance.
The section also protects parties who are not the ones being subpoenaed. When a subpoena duces tecum goes out in a pending civil case, a copy must be served on every party who has appeared, in the manner CPLR 2103 sets out, timed so those parties receive it promptly after service on the witness and, critically, before the witness produces anything. That gives every side a chance to object or move to quash before records change hands. A separate set of service rules applies to child support subpoenas served on utility companies, which may go out by regular mail or through an automated database process.
Frequently Asked Questions
How do you serve a subpoena in New York?
CPLR 2303 requires a subpoena to be served the same way as a summons, though when service is made under the affix-and-mail or deliver-and-mail provisions of CPLR 308, no proof of service needs to be filed and service is complete once the later of the two mailing or delivery steps occurs.
Does a witness get paid before testifying under subpoena?
Yes. CPLR 2303 requires that anyone served with a subpoena be paid or tendered authorized traveling expenses and one day's witness fee in advance.
Do other parties in a lawsuit get notice of a subpoena duces tecum?
Yes. A copy of any subpoena duces tecum served in a pending civil case must also be served on every party who has appeared, timed so it arrives promptly after service on the witness and before the witness produces any documents.
Can a child support subpoena be served on a utility company by mail?
Yes. CPLR 2303(b) allows a child support subpoena issued under Social Services Law section 111-p to be served on public utility companies by regular mail or through an automated database process; other child support subpoenas follow the standard service rules in subdivision (a).
Why does the opposing party get a copy of a subpoena duces tecum before production?
The timing requirement in CPLR 2303 gives an opposing party a real opportunity to object or move to quash before the subpoenaed records or items change hands.
Advisory Committee Notes
The function of the subpoena in obtaining jurisdiction over and giving notice to the person served is identical with that of the summons. This is recognized by the South Dakota Code, from which this section, as modified, is taken. S.D. Code § 36.0301 (1939). Former CPA § 406-a, which provided for service by publication, is omitted. The law governing service of subpoenas on corporations in former CPA § 413 is covered by the provisions for service of summons in article 3.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1982, ch 618, § 1; L 1997, ch 398, § 57, eff Jan 1, 1998; L 2003, ch 547, § 1, eff Jan 1, 2004; L 2004, ch 26, § 1, eff April 6, 2004, deemed eff on and after Jan 1, 2004.
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
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