Issuance by court. A subpoena duces tecum to be served upon a library, or a department or bureau of a municipal corporation or of the state, or an officer thereof, requiring the production of any books, papers or other things, shall be issued by a justice of the supreme court in the district in which the book, paper or other thing is located or by a judge of the court in which an action for which it is required is triable. Unless the court orders otherwise, a motion for such subpoena shall be made on at least one day’s notice to the library, department, bureau or officer having custody of the book, document or other thing and the adverse party. Such subpoena must be served upon such library, or such department or bureau of such municipal corporation or of the state or an officer having custody of the book, document or other thing and the adverse party at least twenty-four hours before the time fixed for the production of such records unless in the case of an emergency the court shall by order dispense with such notice otherwise required. Compliance with a subpoena duces tecum may be made by producing a full-sized legible reproduction of the item or items required to be produced certified as complete and accurate by the person in charge of such library, department or bureau, or a designee of such person, and no personal appearance to certify such item or items shall be required of such person or designee, unless the court shall order otherwise pursuant to subdivision (d) of rule 2214 of this chapter. Where a stipulation would serve the same purpose as production of the book, document or other thing and the subpoena is required because the parties will not stipulate, the judge may impose terms on any party, including the cost of production of the book or document, and require such cost to be paid as an additional fee to the library, department or officer.
§ 2307.Books, papers and other things of a library, department or bureau of a municipal corporation or of the state.
Article 23. Subpoenas, Oaths and Affirmations · Last amended 1992 · Last verified July 21, 2026
In one sentenceCPLR 2307 requires a court, rather than a clerk or attorney, to issue any subpoena duces tecum served on a library or a government department or bureau, sets notice and service timing for that motion, and lets the custodian comply with a certified reproduction instead of appearing in person.
Full Text of CPLR 2307
Plain-English Summary
Subpoenaing records from a library, or from a government department or bureau, gets special treatment under CPLR 2307 because those custodians are not ordinary litigants — they hold public records on behalf of the state or a municipality. The subpoena must be issued by a supreme court justice in the district where the material sits, or by a judge of the court where the underlying action is triable. A private attorney of record cannot issue one directly the way CPLR 2302 lets attorneys issue subpoenas in most other situations.
Getting that court subpoena takes a motion, ordinarily on at least one day's notice to the custodian and to the adverse party, and the subpoena itself must then be served at least twenty-four hours before the production date — unless the court, facing an emergency, dispenses with that notice by order. Once the subpoena issues, the custodian does not have to appear in person; a certified full-sized reproduction, verified as complete and accurate by the person in charge or a designee, satisfies the subpoena unless the court orders a personal appearance under CPLR 2214(d).
The section closes with an incentive against unnecessary subpoenas: if a stipulation between the parties would accomplish the same thing as producing the book or document, and a subpoena becomes necessary only because one side will not stipulate, the judge may shift the cost of production, including as an added fee to the library, department, or officer, onto the party who refused to cooperate.
Frequently Asked Questions
Can an attorney subpoena records directly from a public library or government office?
No. CPLR 2307 requires that a subpoena duces tecum served on a library, or a department or bureau of a municipal corporation or the state, be issued by a court — a supreme court justice in the district where the material is located, or a judge of the court where the action is triable.
How much notice is required before a government records custodian must produce documents?
The subpoena must be served at least twenty-four hours before the production date, unless the court dispenses with notice by order in an emergency; getting the subpoena in the first place also requires a motion on at least one day's notice to the custodian and the adverse party.
Does a library employee have to appear in court to authenticate subpoenaed records?
Not usually. CPLR 2307 allows compliance through a certified full-sized reproduction verified by the person in charge or a designee, without a personal appearance, unless the court orders otherwise under CPLR 2214(d).
What happens if a party refuses to stipulate instead of forcing a records subpoena?
Where a stipulation would serve the same purpose as producing the book or document and a subpoena is required only because a party will not stipulate, CPLR 2307 lets the judge impose the cost of production on that party.
Why does CPLR 2307 treat library and government records differently from ordinary subpoenas?
Because the custodian is holding public records on behalf of a municipality or the state, the section requires court issuance and structured notice rather than the routine attorney-issued subpoena available under CPLR 2302.
Advisory Committee Notes
Subd (a) of this section is derived from RCP 162. One minor change has been made: the new subdivision refers to a Supreme Court Justice in the district “in which the book, paper or other thing is located,” while the former rule referred to such a justice in the district “in which the library or department is situated or the public officer is employed.” The last sentence of the subdivision achieves the same result as the last two sentences of the former rule. Subd (b) of this section was added to preserve the provisions of former CPA § 414.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1976, ch 419; L 1991, ch 389, § 1, eff Jan 1, 1992.
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 government records New Yorksubpoena library records New Yorksubpoena duces tecum municipal departmentcourt order subpoena public records New York