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A00259 Summary:

BILL NO    A00259 

SAME AS    No same as 

SPONSOR    Miller

COSPNSR    

MLTSPNSR   

Amd R5224, CPLR

Relates to allowing fees to be charged in connection with the service of
information subpoenas.
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A00259 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          259

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on Judiciary

       AN  ACT to amend the civil practice law and rules, in relation to allow-
         ing fees to be charged in connection with the service  of  information
         subpoenas

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision (b) of rule 5224 of the civil practice law  and
    2  rules, as amended by chapter 302 of the laws of 1994, is amended to read
    3  as follows:
    4    (b) Fees. A judgment debtor served with a subpoena under this [section
    5  and  any] RULE SHALL NOT BE ENTITLED TO ANY FEE. ANY other person served
    6  with an information subpoena shall [not be entitled to any fee] BE  PAID
    7  IN  ADVANCE  THE SUM OF TEN DOLLARS, EXCEPT THAT A PERSON SERVED WITH AN
    8  INFORMATION SUBPOENA SHALL NOT BE ENTITLED TO A FEE WHERE THE  STATE,  A
    9  MUNICIPALITY, OR AN AGENCY OR OFFICER OF THE STATE OR A MUNICIPALITY, IS
   10  THE  JUDGMENT CREDITOR.  Any other person served with a subpoena requir-
   11  ing attendance or the production of books and papers shall  be  paid  or
   12  tendered  in advance authorized traveling expenses and one day's witness
   13  fee.
   14    S 2. This act shall take effect on the first of January next  succeed-
   15  ing the date on which it shall have become a law.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01024-01-3
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