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Subpoena Domestication in New York | CPLR § 3119 | In-House NY Counsel | Served 123 LLC

CPLR § 3119(b)(4): A NY-Licensed Attorney Can Issue the Subpoena Directly — No County Clerk, No Fee, No Queue

The statute expressly states that if a party to an out-of-state proceeding retains an attorney licensed to practice in New York, and that attorney receives the original or a true copy of the out-of-state subpoena, the attorney may issue a subpoena under this section. Served 123 LLC's in-house New York-licensed attorney handles this directly — no $10 county clerk fee, no waiting for the clerk to process the filing, and no judicial oversight required. The issued NY subpoena carries identical legal force to one issued by the county clerk, and it's ready for service the same day for properly prepared orders.

New York Shield Law — CPLR § 3119(g)–(h): Subpoenas Targeting Protected Health Care Are Barred

New York has enacted robust health care shield protections directly into CPLR § 3119. Under § 3119(g), no court or county clerk may issue a subpoena in connection with an out-of-state proceeding relating to any legally protected health activity (including reproductive health care) that occurred in New York — unless narrow exceptions apply. Under § 3119(h), the same absolute protection covers gender-affirming care legally performed, sought, received, or supported in New York. These shields apply to both the county clerk pathway and the NY attorney pathway. Served 123 LLC reviews every order for Shield Law applicability before issuing any subpoena. If your matter may touch protected health care, contact us first.

Two Ways to Domesticate an Out-of-State Subpoena in New York — We Use Path 1 on Every Order

In-House NY Attorney Served 123 Method — Faster

  • Our NY-licensed attorney issues the NY subpoena directly under CPLR § 3119(b)(4)
  • No $10 county clerk filing fee
  • No clerk processing queue — same-day issuance for properly prepared orders
  • No judicial oversight whatsoever
  • Attorney receives original or true copy of out-of-state subpoena
  • Shield Law review included on every order
✓ This is how Served 123 LLC handles every New York order

County Clerk Alternative Pathway

  • Submit out-of-state subpoena + NY subpoena to county clerk where discovery is sought
  • $10 per recipient (fees and process vary by county)
  • Foreign subpoena must be signed by judge or clerk — attorney-signed not accepted
  • Clerk processes ministerially — no judicial hearing required
  • Clerk does NOT serve the subpoena
  • Timelines vary by county workload
→ Served 123 LLC can also coordinate this pathway when requested
New York CPLR § 3119 Overview

Subpoena Domestication in New York

New York adopted the Uniform Interstate Depositions and Discovery Act, codified at CPLR § 3119, effective January 1, 2011. The statute replaced the cumbersome pre-UIDDA process that required a commission from the New York court, followed by a second court order in the foreign jurisdiction — replacing two court orders with a streamlined clerk or attorney issuance process.

New York's implementation includes a critical attorney-issuance pathway: under CPLR § 3119(b)(4), a NY-licensed attorney retained by a party to an out-of-state proceeding may issue the NY subpoena directly upon receipt of the out-of-state subpoena — no county clerk filing, no fee, no queue. The issued subpoena must incorporate the terms of the out-of-state subpoena, include all counsel contact information, state the required CPLR 3119 language, and include the CPLR 2308 failure-to-comply paragraph.

Service is governed by CPLR §§ 2302 and 2303 — personal delivery by any person 18 or older who is not a party. Depositions must occur in the county where the witness resides or works per CPLR 3110. Remote depositions are permitted by agreement. New York has 62 counties, including the five NYC boroughs (New York, Kings, Queens, Bronx, and Richmond), each served by a separate County Clerk.

Required statutory language — must appear on the NY subpoena

Issued under the provisions of the Uniform Interstate Deposition and Discovery Act and CPLR § 3119
🔴 Shield Law — CPLR § 3119(g)–(h): New York bars subpoena issuance for out-of-state proceedings targeting legally protected health activity (reproductive health care under § 3119(g)) or gender-affirming care (§ 3119(h)) that occurred lawfully in New York — unless the proceeding sounds in tort/contract, is actionable under NY law, AND was brought by the patient. This is an absolute bar. Served 123 LLC screens every order for Shield Law applicability before issuing any subpoena.
⚠️ 20-Day Minimum Compliance Period: NY subpoenas for document production must allow at least 20 days for compliance per CPLR 3107/3120. The NY subpoena must clearly state the compliance timeline and whether personal attendance is required or document production alone suffices.
No Judicial Oversight With Attorney Pathway: Under CPLR § 3119(b)(4), the NY attorney pathway involves zero court filings, zero fees, and zero judicial involvement. The subpoena is fully enforceable upon issuance and service — the fastest and most cost-efficient path for New York discovery in the overwhelming majority of matters.

New York CPLR § 3119 Legal Authority

  • CPLR § 3119(a): Definitions — "out-of-state subpoena," "person," "state," "subpoena" (attendance, document/ESI production, and premises inspection)
  • CPLR § 3119(b)(1)–(2): County clerk pathway — submit out-of-state subpoena to county clerk in county of discovery; clerk issues NY subpoena ministerially; $10/recipient fee; foreign subpoena must be judge/clerk-signed
  • CPLR § 3119(b)(3): NY subpoena must: incorporate terms of out-of-state subpoena; contain all counsel contact info; include CPLR 3119 statutory language; failure-to-comply paragraph; 20-day compliance period
  • CPLR § 3119(b)(4): Attorney pathway — NY-licensed attorney retained by party may issue NY subpoena directly upon receipt of original or true copy of out-of-state subpoena; no court filing; no fee
  • CPLR § 3119(c): Service per CPLR §§ 2302 and 2303 — personal delivery
  • CPLR § 3119(e): Objections — applications for protective orders, to enforce, quash, or modify filed in court in county of discovery, per NY rules
  • CPLR § 3119(g): Shield Law — no subpoena for out-of-state proceedings targeting legally protected health activity (reproductive health care) performed lawfully in NY (narrow exceptions)
  • CPLR § 3119(h): Shield Law — no subpoena for out-of-state proceedings targeting gender-affirming care legally performed, sought, received, or supported in NY
  • CPLR § 3110: Depositions in county where witness resides or works; remote depositions by agreement

New York CPLR § 3119 Quick Facts

  • Adopted: January 1, 2011 (CPLR § 3119)
  • Two pathways: NY attorney (no fee, same day) or county clerk ($10, varies by county)
  • Served 123 LLC: in-house NY attorney issues directly per § 3119(b)(4)
  • 62 counties — all covered, including five NYC boroughs
  • No filing fee (attorney pathway)
  • No judicial oversight (attorney pathway)
  • Shield Law review on every order — CPLR § 3119(g)–(h)
  • Required CPLR 3119 statutory language on NY subpoena
  • CPLR 2308 failure-to-comply paragraph required
  • 20-day minimum compliance period for document production
  • Service: CPLR §§ 2302–2303 personal delivery
  • Depositions: county of witness residence/employment (CPLR 3110)
  • Objections: county of discovery (CPLR § 3119(e))

All 62 New York Counties Covered

Served 123 LLC issues and serves subpoenas in all 62 New York counties — the five NYC boroughs (Manhattan/New York County, Brooklyn/Kings, Queens, Bronx, Staten Island/Richmond), Long Island (Nassau, Suffolk), Westchester, Upstate (Albany, Onondaga/Syracuse, Monroe/Rochester, Erie/Buffalo), and every county in between.

Step-by-Step

How It Works in New York

Our in-house NY attorney pathway under CPLR § 3119(b)(4) — same-day issuance, no county clerk fee, Shield Law review built in, and CPLR §§ 2302–2303 service across all 62 counties.

1

Submit Your Out-of-State Subpoena

Use the order form at the top of this page or email info@served123.com. Include the originating state, the NY county where the recipient is located, and your out-of-state subpoena PDF. For deposition subpoenas, include the scheduled deposition date so we can confirm CPLR 3110 county-of-attendance compliance and adequate notice.

2

Shield Law Review — CPLR § 3119(g)–(h)

Before anything else, our in-house NY attorney reviews the subpoena against New York's Shield Law. If the out-of-state proceeding targets legally protected health activity (reproductive health care under § 3119(g)) or gender-affirming care (§ 3119(h)) performed lawfully in New York, the subpoena cannot be issued under CPLR § 3119. We identify this before issuing — not after service triggers a motion to quash.

3

NY Subpoena Preparation

Our in-house NY attorney prepares the New York subpoena per CPLR § 3119(b)(3). The NY subpoena must: incorporate all terms of the out-of-state subpoena; contain names, addresses, and phone numbers of all counsel of record and unrepresented parties; state the required CPLR 3119 statutory language; include the CPLR 2308 failure-to-comply paragraph; and allow at least 20 days for compliance on document production subpoenas.

4

In-House NY Attorney Issuance — Same Day

Under CPLR § 3119(b)(4), our NY-licensed attorney issues the NY subpoena directly upon receipt of the out-of-state subpoena. No county clerk filing. No $10 fee. No processing queue. No judicial oversight. The issued NY subpoena is immediately ready for service — same-day for properly prepared orders received during business hours.

5

Service per CPLR §§ 2302–2303

We coordinate personal delivery of the issued NY subpoena per CPLR §§ 2302 and 2303. Service may be made by any person 18 or older who is not a party to the action. Served 123 LLC covers all 62 NY counties statewide — from the five boroughs and Long Island to Upstate New York. For deposition subpoenas, service is coordinated to allow the required compliance period.

6

Affidavit of Service Delivered

You receive a signed affidavit of service confirming full compliance with CPLR § 3119 and CPLR §§ 2302–2303 service requirements — ready for immediate filing in your originating state court. For contested matters where proceedings arise in New York courts, our in-house NY counsel is available to assist.

Legal Authority

New York CPLR § 3119 Statutory Reference

CPLR § 3119 — New York's Uniform Interstate Depositions and Discovery Act, effective January 1, 2011. CPLR §§ 2302–2303 govern service.

StatuteSubjectKey Provision
CPLR § 3119(a)DefinitionsDefines "out-of-state subpoena," "person," "state," "subpoena" (attendance, document/ESI production, premises inspection)
CPLR § 3119(b)(1)–(2)County Clerk PathwayParty submits out-of-state subpoena to county clerk in county of discovery; clerk issues NY subpoena ministerially; $10/recipient fee; filing ≠ appearance; foreign subpoena must be judge/clerk-signed
CPLR § 3119(b)(3)NY Subpoena ContentsMust: (i) incorporate terms of out-of-state subpoena; (ii) list all counsel and unrepresented parties; include CPLR 3119 statutory language, failure-to-comply paragraph, 20-day compliance period
CPLR § 3119(b)(4)Attorney IssuanceIf party retains NY-licensed attorney who receives original or true copy of out-of-state subpoena, that attorney may issue a NY subpoena directly — no court filing; no fee; no judicial oversight
CPLR § 3119(c)ServiceService per CPLR §§ 2302 and 2303 — personal delivery; any person 18+ not a party
CPLR § 3119(e)ObjectionsProtective orders and motions to enforce, quash, or modify filed in court in county of discovery; must comply with NY rules and statutes
CPLR § 3119(g)Shield Law — Reproductive HealthNo subpoena for out-of-state proceedings targeting legally protected health activity (reproductive health care) that occurred in NY — unless narrow exceptions: sounds in tort/contract, actionable under NY law, brought by patient
CPLR § 3119(h)Shield Law — Gender-Affirming CareNo subpoena for out-of-state proceedings relating to gender-affirming care legally performed, sought, received, or supported in NY — same narrow exceptions apply
CPLR § 3110Deposition LocationDepositions in county where witness resides or is employed; remote depositions permitted by agreement
CPLR §§ 2302–2303Service RulesPersonal delivery; subpoenas may be served by any person 18+ who is not a party; must be accompanied by any required fees

*County clerk fees of approximately $10/recipient confirmed. Fees and procedures may vary by county. Shield Law (CPLR § 3119(g)–(h)) screening required on every order involving health care matters.

Service Package

What's Included With Every New York Order

In-house NY attorney issuance, Shield Law review, CPLR § 3119 subpoena preparation, and CPLR §§ 2302–2303 service — all 62 New York counties covered.

In-House NY Attorney Issuance

Our NY-licensed attorney issues the NY subpoena directly under CPLR § 3119(b)(4) — no $10 county clerk fee, no processing queue, same-day issuance for properly prepared orders.

Shield Law Review

Built-in CPLR § 3119(g) and (h) review on every order. If the out-of-state proceeding targets protected health care or gender-affirming care performed lawfully in New York, we flag it before issuing — protecting you and the subpoena's validity.

CPLR § 3119 Subpoena Preparation

Complete NY subpoena preparation with all required elements — CPLR 3119 statutory language, terms of the out-of-state subpoena, counsel contact list, failure-to-comply paragraph, and 20-day compliance period for document subpoenas.

62-County Coverage

All 62 New York counties including the five NYC boroughs (Manhattan, Brooklyn, Queens, Bronx, Staten Island), Long Island (Nassau, Suffolk), Westchester, and all Upstate counties from Albany to Buffalo.

CPLR §§ 2302–2303 Service

Personal delivery per CPLR §§ 2302 and 2303 statewide. Service by any person 18 or older who is not a party — by professional process server on every order.

Affidavit of Service

Signed affidavit confirming full compliance with CPLR § 3119 issuance and CPLR §§ 2302–2303 service requirements — ready for immediate filing in your originating state court.

Subpoena Types

Types We Handle in New York

All major discovery subpoena types under CPLR § 3119 — issued same-day by our in-house NY attorney, Shield Law reviewed, and served across all 62 counties.

👤

Deposition Subpoena (Testimony)

Commands personal appearance and testimony at deposition in the county where the witness resides or is employed (CPLR 3110). Remote depositions permitted by agreement. Issued by our in-house NY attorney under CPLR § 3119(b)(4). Shield Law review included.

📄

Document Production (Duces Tecum)

Compels production of documents, records, or ESI. Must allow at least 20 days for compliance. Must clearly state whether personal attendance is required. NY subpoena must incorporate all terms of the out-of-state document subpoena. Issued by our in-house NY attorney — same day.

🗣️

Appearance + Production

Combines personal testimony and document production at deposition. CPLR § 3119(d) applies CPLR §§ 2303, 2305, 2306, 2307, and 2308 to all subpoenas issued under § 3119(b). Shield Law review required. 20-day compliance period for any document component.

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NYC Five-Borough Subpoenas

New York City's five boroughs are each separate counties with separate County Clerks — New York (Manhattan), Kings (Brooklyn), Queens, Bronx, and Richmond (Staten Island). Our in-house NY attorney pathway under § 3119(b)(4) bypasses county clerk filing for all five boroughs, eliminating borough-specific clerk queues entirely.

Who We Serve

Who Uses Our New York Service?

From Midtown Manhattan and the outer boroughs to Long Island, Westchester, and Upstate — Served 123 LLC's in-house NY counsel handles discovery subpoenas across all 62 counties with same-day issuance and built-in Shield Law review.

⚖️

Law Firms

Out-of-state attorneys in litigation requiring discovery from NY witnesses, corporations, financial institutions, and healthcare providers across all 62 counties — without $10 clerk fees or county queue delays.

🏦

Financial & Securities

Counsel targeting Wall Street and NYC-area financial institutions, investment banks, hedge funds, and securities firms — New York is the preeminent financial jurisdiction in the US, generating enormous CPLR § 3119 subpoena volume.

💊

Pharmaceutical & Healthcare

Attorneys handling matters involving NY-based hospitals, healthcare systems, pharmaceutical companies, and medical providers — with built-in Shield Law (§§ 3119(g)–(h)) review on every order touching health care.

📺

Media & Technology

Counsel needing subpoenas from NY-based media companies, tech firms, publishers, and advertising agencies — New York's robust media and technology ecosystem generates significant interstate discovery demand statewide.

🏘️

Real Estate & Construction

Attorneys in commercial real estate, construction defect, and development disputes requiring subpoenas from NY-based developers, contractors, architects, and title companies across the five boroughs and Upstate.

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Litigation Support

Legal support firms outsourcing NY CPLR § 3119 domestication — we provide in-house NY attorney issuance, Shield Law review, § 3119 subpoena preparation, and CPLR §§ 2302–2303 service statewide across all 62 counties.

Common Questions

New York Subpoena Domestication FAQ

The most common questions about domesticating subpoenas in New York under CPLR § 3119 — including the in-house attorney pathway, Shield Law protections, and the 20-day compliance rule.

Yes. New York adopted the Uniform Interstate Depositions and Discovery Act, codified at CPLR § 3119, effective January 1, 2011. The statute replaced the pre-UIDDA process that required obtaining a commission from the New York court followed by a second court order in the foreign jurisdiction. CPLR § 3119 provides two pathways: the county clerk pathway (§ 3119(b)(1)–(2)) and the NY attorney pathway (§ 3119(b)(4)).
CPLR § 3119(b)(4) expressly provides that if a party to an out-of-state proceeding retains an attorney licensed to practice in New York, and that attorney receives the original or a true copy of the out-of-state subpoena, the attorney may issue a New York subpoena directly under this section. Served 123 LLC's in-house New York-licensed attorney handles this — no county clerk filing, no $10 fee, and no processing queue. The issued subpoena carries the same legal force as one issued by the county clerk.
New York's Shield Law is embedded directly in CPLR § 3119. Under § 3119(g), no court or county clerk may issue a subpoena in connection with an out-of-state proceeding targeting legally protected health activity (including reproductive health care) that occurred in New York — unless the proceeding sounds in tort or contract, is actionable under NY law, and was brought by the patient. Under § 3119(h), the same absolute protection covers gender-affirming care legally performed, sought, received, or supported in New York. These shields apply equally to the attorney pathway under § 3119(b)(4). Served 123 LLC reviews every order for Shield Law applicability before issuing any subpoena.
Under CPLR § 3119(b)(3), the NY subpoena must: (i) incorporate all terms used in the out-of-state subpoena; and (ii) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties. Additionally, the subpoena must state the required CPLR 3119 statutory language ("Issued under the provisions of the Uniform Interstate Deposition and Discovery Act and CPLR § 3119"), include the CPLR 2308 failure-to-comply paragraph, and allow at least 20 days for compliance on document production subpoenas.
For the county clerk pathway under CPLR § 3119(b)(1)–(2), the out-of-state subpoena must be signed by a judge or clerk from the originating court — attorney-signed foreign subpoenas are not accepted by county clerks for this pathway. For the NY attorney pathway under CPLR § 3119(b)(4), the NY-licensed attorney must receive the original or a true copy of the out-of-state subpoena — the signature requirement is less rigid because the NY attorney assumes direct responsibility for issuance.
Under CPLR § 3110, depositions are conducted in the county where the witness resides or is employed. For NY residents, the deposition must be held in the county of their residence or principal place of employment. Remote depositions are permitted if the parties agree upon remote participation details, which must be stated in the subpoena. Served 123 LLC verifies county-of-attendance compliance on every NY deposition order.
Under CPLR § 3119(c), a subpoena issued under this section must be served in compliance with CPLR §§ 2302 and 2303 — personal delivery to the named person. Service may be made by any person 18 years of age or older who is not a party to the action. Served 123 LLC covers all 62 New York counties for CPLR §§ 2302–2303 service.
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