A former New York State Supreme Court Senior Court Attorney, now AV-rated in private practice, will show you the quickest, easiest ways to get the

New York Subpoena You Need for Your Action Outside New York, and do so

cost-effectively,
saving you hours of research time,
saving you or your client or both up to thousands of dollars in legal fees for research, and avoided litigation.
Plus, get short-cuts to "bullet-proof" your New York subpoena so it is more likely to withstand a motion to quash or for protective order, and so withstand challenge and judicial scrutiny.

Attorneys: Get this guide, New York Subpoena for Actions Outside New York, now to

(1) determine what procedure to use to get discovery from a reluctant nonparty witness in New York, where your case is anywhere BUT New York, and then

(2) move quickly to issue a valid New York subpoena to compel your reluctant witness's compliance,

so that you can be ready for trial.

New York Subpoena for Actions Outside New York

Get this guide now to help you, your client, or both save thousands of dollars and oodles of hours.

Get this guide now by clicking here. To find out more, keep reading.

oOo

To:	Trial Lawyers, Litigators, Overworked Associates, Long-suffering Paralegals
From:	Allan R. Pearlman, Esq.
Re:	Getting Reluctant, Uncooperative Non-Party Witnesses in New York to Appear for Deposition and/or Produce Documents and Other Evidence, When Your Case is Anywhere Outside New York

1. Birth of a Problem -- the Reluctant Non-Party Witness

You are in a civil action pending in a state other than New York (or territory, possession of the United States, or another country), or you are in pre-action discovery.

You have a non-party witness who will not voluntarily appear for deposition or produce documents or other evidence he or she** has (or has control over) and which you need for your case. And your non-party witness lives in New York.

**And,
your non-party witness might be an "it" rather than a "he" or "she," if
the witness is a corporation or union or not-for-profit organization,
or other entity which is not a natural person.

Maybe you've already tried writing to this witness. Or maybe you've tried phoning, or emailing, or even texting him or her.

But, for all these efforts, the witness has not responded, not answered your calls, not replied to your letters, your emails, your texts, your smoke signals.

Or maybe your witness has responded and said that he or she would tell you or show you what you need to know or see, if only they could find the time. Your witness is too busy or distracted.

Or, maybe your witness just said "No."

Whatever happened, it is clear that getting your discovery informally is not going to happen. You need a valid, enforceable New York subpoena to make it happen.

This is a problem.

It used to be that you had no choice but to hire local New York counsel. Then, through local counsel, start a special proceeding in New York Supreme or Civil court seeking an order authorizing issuing a New York subpoena.

"Local counsel are a must if you want to know what's going on in a local case… and if you are not local. For New York, my friend Allan Pearlman has written the definitive work. Allan is also the author of a national tax newsletter which I and many others read regularly for its timely thoughts and advice. Get the book and the newsletter."

-- Michael Minns, Esq., Houston, TX ;

www.Minnslaw.com

Get the guide now to get this done.

Get the guide now to get this done.

2. New Law Gives Out-of-State Litigants Choices Where Previously there were None for Getting Discovery from Non-party Witnesses Located in New York

But the law has changed. Now, in many situations, you have choices: You can still start a proceeding and get a court order. Or you can skip it to use the new law to issue a subpoena without court order. Both routes have their appropriate time and place.

It used to be there was no choice.

Or, the “choice” was like the “choice” Henry Ford gave buyers of the Model T: “you can have any color you want as long as you want black.”

It used to be that you needed to get an order, or a formal request, from your home court, where your action is pending. That order or formal request from your home court would be directed to a court in New York.

Get the guide now to get this done.

"If you need to issue a subpoena in New York for a case pending in another state or country, and you want to do it right the first time, this book is for you. New York has two procedures for obtaining a subpoena, and even knowing which procedure fits your situation requires homework. This book guides you through the process with great contextual explanations so that you not only know what you are doing, but also why you are doing it. Whether you are getting medical or business records, or taking the deposition of a key witness, you will want this book to help you get the job done smoothly."

-- Robert B. June, Esq., Ann Arbor, MI

3. Your Trial Court’s Commission was, and May Still Be, the Beginning of the Process to Get the Evidence You Need from Your Reluctant Non-party Witness so that You Can Be Ready for Trial

That order or formal request from your home court to a court in New York can take a number of forms, using several different names, such as

Open Commission or just “Commission,”
Letters Rogatory,
Letter of Request,or
other similar court order, mandate, or writ.

The process to convert your out-of-state commission, letters rogatory or other order, mandate or writ to a New York subpoena takes several steps

Once you obtained that order or formal request from your home court -– the commission or similar order, mandate or writ -- directed to a court in New York, you had to domesticate that order in New York by

hiring local New York counsel,
having local counsel start a special proceeding (its like an action) in New York which is ancillary to your home court action, and, in the New York proceeding,
make a motion seeking an order authorizing issuance of a valid New York subpoena directed to your witness, and upon obtaining that order,
issue the New York subpoena authorized by the New York court order and
serve the subpoena and authorizing order on your nonparty witness.

You do all of this because with that enforceable New York subpoena you can effectively assert jurisdiction over a reluctant New York-based nonparty witness, and compel that witness to appear for deposition, or produce documents, or both.

Get the guide now to get this done.

With an enforceable New York Subpoena for your out-of-state action you may compel your non-party witness to produce a variety of information, documents and things.

Your witness – the reluctant one – the one who doesn’t answer phone calls, letters or emails, or who says “yes” but never follows through, or just says “no” – that reluctant nonparty witness has, or has access to, or controls

knowledge
information
photographs
spreadsheets
invoices,billings
letters, correspondence
email
text messages
memos
records
reports
and/or other things

which are relevant, material, and necessary to prosecuting or defending your case.

You may now have choices in how to get that New York subpoena for your outside New York case.

It used to be that this was the only way to get a valid, enforceable subpoena in New York for your case pending anywhere else.

But, as mentioned above, a new law gives many out-of-state litigants needing discovery from a nonparty witness in New York choices: use the procedure under the Old Law (described above) or use the more streamlined procedure in the New Law.

Get the guide now to get this done.

4. You Might Not Need a Commission from Your Home Court Because of the New Law in New York

Under the New Law there are many things you do not have to do which you did have to do under the Old Law:

You do not have to obtain a commission, letters rogatory, letter of request, or similar order, mandate, or writ requesting the help of a court in New York.
You do not have to hire local New York counsel.
You do not have to start an ancillary proceeding in New York.
You do not have to make a motion to a court in New York.
You do not have to get an order from a court in New York authorizing issuance of New York subpoena.

Instead, you only need

to issue or obtain a subpoena from the home court, in the trial state, and then,
to follow certain rules of the New Law, as well as, more generally, New York state procedural rules,
to issue a New York subpoena based on the home court’s subpoena, and
get it signed by either a County Clerk in New York or a New York attorney you have engaged for that purpose.

Get the guide now to get this done.

Hence, you may be able to skip starting a proceeding in New York and skip getting a court order in New York

If your case qualifies to issue a subpoena under the New Law, you can save substantial time and money by using the New Law rather than the Old Law.

Compared to the "get an order from one court" and "start an action or proceeding in another court" routine where you bring the commission from your home court to a court in New York to ask the New York court for a new order (this is the procedure under the Old Rule), the New Rule looks like a “no fuss, no muss” procedure. In many situations it may be, but not necessarily all.

Get the guide now to get this done.

5. Use the New Law? Use the Old Law? Deciding Which, and then What?

To get the discovery you need from your nonparty witness in New York in a faster, more efficient, more cost-effective way, you need to do several things:

1. As a necessary first step, you must determine: Can you use the New Law in your case? i.e., does your case qualify to use the New Law to issue a New York subpoena?

a.Example: if the case you are litigating is in a jurisdiction outside the United States, possessions or territories, such as Canada, France, Australia, your case cannot use the New Law. In this situation, Call my office at 646.827.4257 to get started on getting this done.

b.If yes, if you can use the New Law, do you want to? Or more accurately,

i. is the procedure under the New Law the better and wiser litigation strategy for your case?

ii. Do the potential time savings and cost savings which are possible when using the New Law outweigh some of the potential disadvantages of the New Law?

c. If no, if your case does NOT qualify, or you determine that using the New Law is NOT the best procedural route for your case, then you need to get a commission from the trial court in your state and hire local New York counsel to move forward on getting the order you need under the Old Law.

> Get the guide now to determine if you can use the New Law to issue a New York subpoena

2. If you do have a choice between the Old Law and the New Law, and you determine that using the New Law is the way to go, then

a. you need to understand the requirements of the New Law well enough to draft and issue a subpoena that complies with the New Law’s requirements, as well as, more generally,

b. You need to understand enough New York civil procedure to draft a New York subpoena that is enforceable, and likely to withstand challenge and judicial scrutiny. Note that the new statute and the court system's sample subpoena for the new statute are NOT enough of a guide.

3. If you are using the new law, quickly understand the requirements of the New Law .

4. Plus, avoid potential pitfalls of subpoena practice in New York.

5. Make your subpoena more likely to

a. withstand challenge,

b. withstand your adversary's or your witness's motion to quash,

c. withstand a motion for protective order, and

d. prevail on your motion for contempt and to compel compliance with your subpoena if your reluctant witness continues to be reluctant, and to resist compliance even after being served with the subpoena.

> Get the guide now for a headstart on drafting an enforceable New York subpoena

6. This guide also addresses special rules relating to getting medical records.

7. This guide addresses special rules relating to videotaped depositions, video-conference depositions, and telephonic depositions.

8. This guide also addresses aspects of how New York law and procedure may affect the enforceability of a subpoena under the New Law. These issues are

a. not discussed in the new law itself

b. not discussed in the sample form subpoena created by the New York Court system (a copy of which is included in this guide),

c. not yet defined by case law,

d. yet they might cause a litigant seeking discovery under the New Law problems, extra litigation, time, money and heartache if not dealt with in the subpoena.

> Get the guide now to be aware of some of the trips and traps of New York procedure which can cause problems -- and otherwise avoidable litigation -- for even experienced New York practitioners.

9. Also, this guide will speed your preparation time and work time because it includes

a. the New York Court System’s sample subpoena under the New Law (not an official form, just a sample),

b. Other potentially relevant New York state forms,

c. The text of more than fifty (50!) statutes and rules which are indispensible in getting or creating a valid New York subpoena for your action outside New York, or might be needed.

Get the guide now to speed up your research and preparation to get this done.

6. Making Yourself Trial Ready

Now you can move forward to get the deposition you need, the documents and things you need, which your nonparty witness in New York has (or which, on information and belief, you think your witness has, or confirm that he or she does not have them), and move your case forward to be ready for trial.

Get the guide now to start getting this done, and being ready for trial.

7. This Applies to both Plaintiffs and Defendants

Whichever side of the “v” you are on, you've got to do this. Plaintiff, defendant, even an intervenor. If there’s a non-party witness to your case pending outside New York, and that witness is in New York, you have to deal with New York’s out-of-state subpoena rules to compel your reluctant, even downright uncooperative, witness to cooperate.

Get the guide now to get this done, and get yourself ready for trial.

8. Why Get this Guide?

Why not just research on your own, call the County Clerk in one of the counties in New York, or call someone else?

The Wheel was Invented Circa 3,500 BC,

You Want to Reinvent it Now?

Let me start by answering the question with a question: how many wheels do you want to reinvent?

You Want Help from the Clerk’s Office?

As for phoning a County Clerk, how long do you want to wait on hold? Plus, once you get a live person at the Clerk’s office, how long will it take for the clerk to say, in a weary, annoyed, somewhat self-righteous tone of voice,

“Counselor, we can’t do your research for you. That’s something you’ll have to do for yourself.”

And will they still be on the line when you say,

“I’m not asking for you to do my research, I’m just asking . . . .”

So, why get this guide instead of doing it yourself, asking a bureaucrat, or calling someone else?

This guide does a lot of the research heavy lifting for you. It discusses the old law and the new law, the differences and similarities, the differing requirements of both, the ambiguities and grey areas of the statutes.

Further, this guide collects more than 50 crucial, relevant and potentially relevant statutes and rules, so you have a head start on researching the the statutory underpinnings of the discovery you seek.

Get the guide now to get this done.

9. This Guide is Full of Information Yet is Concise

This guide discusses and compares the Old Law and the New Law, to give an understanding of both, as separate, independent, yet related statutes, and in the larger context of New York procedure.

More than just a paint-by-numbers guide, this guide discusses some of the potential strategic considerations so that an informed decision based as to which procedure to use can be made, and made in a way that enables you to take not only price into account, but also the larger picture of the potential flow of litigation.

Get the guide now to get this done.

Information Combining Research and Experience

The guide can do this because I know the New York State law and procedure to speed you through the process. The research on the two specific statutes is broadened and informed by years of experience of the New York court system, both as a litigant and as a Senior Court Attorney, researching and writing proposed decisions for the justices of the New York State Supreme Court.

Author's experience researching and writing for judges

I learned it not just from litigating in the New York State courts, but also from working for New York judges.

I am a former New York State Supreme Court Senior Court Attorney. When I worked for New York State Supreme Court I researched and wrote proposed decisions for the justices of the court. I also mediated discovery disputes between opposing trial counsel.

Get the guide now to get this done.

Private practice experience with out-of-state commissions and subpoenas

Now, in private practice, in addition to representing ordinary, non-lawyer clients and businesses, I also regularly collaborate with other lawyers and firms. I sometimes represent attorneys. And I have served as local counsel on applications such as this -- domesticating out-of-state Open Commissions to get discovery from nonparty New York-based witnesses.

When the New Law was enacted, I continued to get inquiring phone calls from lawyers around the United States, wanting help to understand how to best go about getting discovery in New York for their cases pending outside New York.

After multiple telephone conversations about this issue, it became clear that a book, a guide discussing and explaining New York’s rules and procedures, and some of the trips and traps, was needed. The guide for sale on this website is the result of my 20 years of experience in private practice as well as researching and writing for judges in both federal and state courts.

Get the guide now to get this done.

Peer-reviewed approval

I am AV-Rated by Martindale-Hubbell Attorney Peer Review ("AV" is the highest rating given to attorneys for legal ability and ethical standards.) To learn more about Martindale-Hubbell Peer Review, click here.

My practice can help you get through the thickets of New York procedure as well as the sui generis quirks of the courthouses here, and help you get your New York order, issue your New York Subpoena, and get everything served, so that your way is cleared for the deposition and documentary discovery you need.

And if your reluctant non-party witness is not persuaded by being served with an enforceable subpoena, now you have real recourse (i.e., moving to hold the witness in contempt of court).

Get the guide now to get this done.

10. Don't Put this Off -- You've Got an Overworked, Crabby Judge with Docket Statistics Reports to Hand In

Your judge is probably eager to mark your case's discovery phase as complete and ready for trial, even if he or she is the next Oliver Wendell Holmes. So, don't put this off. Get this guide now to start getting this done, and so getting yourself and your case ready for trial.

If you are using the Old Rule, It takes some time to get your application through the New York courts. Plus, under both the Old Rule and the New Rule, the subpoena must be served well in advance of the deposition and/or production date.

If your New York witness has the information you think he or she (or it... in the case of a corporation, union or other body) has, then this is important, and you don't want to be foreclosed from getting this discovery by the simple passage of time. So don't put this off.

Get the guide now to get this done, and be ready for trial.

11. Again, WHY BUY THE GUIDE AT ALL? What is it worth to you?

There is no doubt that you can do this all yourself: as so many law students in so many law schools have been told: "You're smart." Plus you've been educated and trained. You have taken multiple exams, passed at least one bar exam, and now are actively practicing law.

You Don't need the Guide because You Can Research it All Yourself

You know how to do legal research. You can crack open New York state's civil procedure rules (the "CPLR" as we affectionately call it here), and start figuring it out.

But do you want to? Do you want to spend your time, or your client's money, or both, to do of basic research to get up to speed. And you might not be able to bill for it.

One article of New York's CPLR contains the nine statutes and rules referring specifically to subpoena practice.

Further, in the sections relating to subpoenas, multiple other articles and sections of the CPLR are incorporated by reference in the subpoena-specific rules.

But if You Do it All Yourself, How Many Hours Will You or Your Associate Devote to Understand the Rules and Nuances of New York State Law Well Enough? How Much Time will You Spend? How Much Money will You Spend?

How long will it take to understand the subpoena rules alone? How long will it then take to understand the interplay of the subpoena rules with the other articles and sections of the CPLR? If you are starting from zero, how long? two hours? (Probably longer) four? six?

What's more, there is a body of case law in New York interpreting the many rules and nuances of New York state subpoena practice.

Of course you can find those cases interpreting New York's procedural rules on subpoenas, service of a subpoena, drafting a subpoena, read them, analyze them, understand them. But do you really need or want to start from zero? Start from scratch? Or assign an associate to do so?

Do you really need or want to search around the internet, using Google or Bing, or your preferred search engine to find freebie explanations and forms?

In the body of New York case law, there are issues which the four distinct departments of New York state's intermediate appeals court, the Appellate Division, do not agree.

You can find the cases on your own, read them, analyze the caselaw yourself, figure out the variances in terminology used from case to case, the conflicting interpretation of three words in one statute.

You can do it yourself, but do you have the time to make yourself an expert (or at least minimally informed) in New York's CPLR or do you want to get your reluctant New York witness's deposition and/or documents, be ready for trial and place your case on the trial calendar?

One reader of the guide, a tenacious trial lawyer in Michigan who's been practicing close to 20 years, estimated that without the Guide, it would take him easily six or seven hours to get up to speed and facile with New York's rules.

The Cost of Doing it All Yourself is High, in Terms of Both Hours and Dollars

So, consider these possible situations:

A partner, who bills at $550/hr devotes six hours to learn the New York subpoena rules himself, worth $3,300.
A partner delegates to a senior associate the task. the associate bills at $350/hr., takes 8 hours, worth $2,800; plus the partner devotes 0.8 hours supervising and being briefed by the associate, worth another $440, for a total, between partner and associate, 8.8 hours and $3,240.
A partner delegates the research task to a new associate who bills at $250/hr, the new associate takes 10 hours, the senior associate spends an hour supervising, for an additional $350, and the partner spends an additional 0.5 hours supervising and being briefed, at an additional $275, for a total time of 11.5 hours among the partner and two associates, and a billable value of $3,125.

If you had a resource, a guide that could cut your basic research time in half, you could save at least three hours and $1,500, and as much as almost almost six hours and $1,600.

Would that resource, that guide, which made those savings in time and money possible be worth $750? Sure. Would it be worth $500? Absolutely.

If the resource, that guide, could enable you to cut your research by two-thirds, you could save yourself at least four hours and $2,200, and as much as nearly eight hours and again over $2,000.

Would the resource, that guide, which made those savings in time and money possible, be worth $750? Again, sure, of course.

Would it be worth $500? Again, absolutely.

That resource, that guide is here. You can have that resource, that guide right now, and for much less than $750, or $500.

You can have it right now for less than $100 -- it is available right now, as a digital download for only $97.

Get the guide now to get this done, and be ready for trial.

Consider Also the Potential for Enormous Savings in Time and Avoided Litigation by Choosing the Right Procedure and Crafting a Subpoena that is More Likely to Withstand Challenge and Even Persuade Your Reluctant Witness NOT to Move to Quash

Further, if you could craft a New York subpoena without errors exposing it to challenge, which persuaded your reluctant witness that moving to quash was likely not to succeed, and so, rather than challenge your subpoena, your witness simply complied?

How many months of litigating your subpoena in New York state court and how many thousands of dollars in local counsel fees will you save?

As an example, I was hired to represent a party seeking discovery in New York after the non-party witness subpoena was issued and served for a case pending outside New York.

A motion to quash or for a protective order limiting the subpoena was made. The subpoena had to be defended, the motions opposed. Eight months, multiple court appearances, conferences, letters, and more than $20,000 in legal fees later, the New York Supreme Court Justice hearing the motion finally decided, denying the motion to quash and and denying 95% of the motion for protective order.

The party seeking discovery prevailed, but at a high cost. Thousands of documents critical to making the case in the outside-New York action were, finally produced. It was a happy ending for the party who issued the subpoena, but the happiness was reduced by months of litigating in New York whether the subpoena should be enforced or quashed.

If a subpoena could have been crafted which was so compliant with New York's rules that the opponent of discovery was persuaded not to challenge it, and not to move to quash, I think you would agree that a resource which assisted in crafting such a subpoena would be worth thousands of dollars, not $750 or $500.

And again, you can have a resource like that, the Guide, for much less, for only $97.

Get the guide now to get this done, and be ready for trial.

If you could avoid most of that basic research and use a concise guide to fast-forward your effort.

In any of these possible situations, wouldn't it be worth spending less than $150 to save yourself four, five, six hours of your time or your associate's time

If you could have a focused guide which

1) explains the two principal governing laws and procedures,

2) describes the circumstances where the new law and procedure can and cannot be used, so you can quickly eliminate a debate over which to use if you actually do not have a choice,

3) walks you through the pros and cons of both procedures so you can make a more informed decision as to which procedure to use, without basing everything on the projected initial price (you don't want to be pennywise and pound foolish!), then

4) discusses how to draft the subpoena, with forms and examples,

5) alerts you to and explains potential traps and pitfalls which can render a subpoena defective and unenforceable,

6) gives a primer on service of process, and

7) collects over 50 statutes and rules which are either crucialto or potentially relevant to your properly drafting, issuing, and serving a subpoena, then ...

How much time could that save you? Hours? Days? Weeks? Months?

How much time will it save you to have a guide discussing the law, and gathering relevant statutes at rules right at your finger tips? Hours? Days? Weeks?

Get the guide now to get this done.

Speed your research, preparation, drafting and issuing a New York subpoena

This guide is designed to help speed up your research, your preparation, your drafting, your issuing and serving an enforceable New York subpoena on a nonparty witness to your outside New York case. When the partner on your case says to you, with perhaps an annoyed or menacing tone, "get it done," this guide will be there to help you.

Get the guide now to get this done.

Draft a subpoena to withstand challenge, motions to quash or for protective order

When you do draft, issue, and serve a subpoena, you want to serve a subpoena capable of withstanding a motion to quash or for protective order. How many hundreds of hours, days weeks and months might this save you and your client? How many thousands of dollars might this save you and your client?

Get the guide now to get this done .

Draft a subpoena to avoid potential procedural trips and traps

What if you drafted your New York subpoena in a way that avoided one or more of the drafting traps hidden in the morass of New York state procedural law, both statutory and case law, and so managed not to have to defend a defective subpoena from a motion to quash? Some motions to quash can drag on for months in New York's very busy courts.

Get the guide now to get this done.

Make an informed decision as to which procedural route to use in issuing your New York subpoena

While the new law gives out-of-state litigants choices in how to get their New York subpoena, you need to determine if your case qualifies, and if it does, which route to use: the old law or the new law. Understand what might be at stake. Don't decide just on price, on what appears to be a likely lower cost of the new law. Understand the potential advantages and disadvantages of both rules, both procedural routes, so that you can make a more informed, and (we hope) better decision.

Get the guide now to get this done.

This guide helps with all of it

To help you accomplish this, I have written this more than 120-page guide, New York Subpoena for Actions Outside New York, and collected the relevant statutes and examples, the price is only $97.00.

Get the guide now to get this done.


GET IT NOW: The guide, New York Subpoena for Actions Outside New York, delivered in PDF format for immediate download for only $97.	BEST VALUE GET IT NOW: Two things: 1) The guide, New York Subpoena for Actions Outside New York, delivered in PDF format for immediate download (for only $97), PLUS 2) a 20-minute confidential conversation/Q & A with the author for only an additional $140 (a $60 savings) for a total of only $237 (use Q&A credit within 45 days of purchase).	GET IT NOW: A 20-minute confidential telephone conversation/Q&A with the author for only $200.
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If you determine that your case needs, or it is likely to be better to proceed under the old law, call my office at 646-827-4257 to discuss my serving as local counsel to get you the New York court order you will need.

New York Subpoena for Actions Outside New York
Law Office of Allan R. Pearlman
116 West 23rd Street, Suite 5190
New York, NY 10011
646-827-4257
www.NYSubpoenaForActionsOutsideNY.com
www.NewYorkSubpoenaForActionsOutsideNewYork.com

Allan Pearlman is AV rated by Martindale-Hubbell peer review

Allan R. Pearlman is AV Rated by Martindale-Hubbell peer review

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