Subpoena
(Arbitration Hearing Testimony) (NY)

Summary

This Subpoena (Arbitration Hearing Testimony) (NY) is a standard form that attorneys can use to procure testimony and documents from a witness in an arbitration hearing in New York. This template contains practical guidance, drafting notes, and alternate clauses. If your client is arbitrating a dispute in New York, there are two governing legal frameworks: • The Federal Arbitration Act (FAA) –or– • New York's Civil Practice Law and Rules (C.P.L.R.) The C.P.L.R. may govern your arbitration proceeding if: • The parties' arbitration agreement expressly provides that New York state statutory, procedural, or common law will apply (see Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 590 (2008)) –or– • The matter does not involve commerce within the Commerce Clause's constitutional reach (see Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56 (2003)) Under the C.P.L.R., the arbitrator and any attorney of record in the arbitration proceeding may issue a subpoena. See N.Y. C.P.L.R. §§2302(a), 7505. This subpoena power is limited to procuring testimony at the arbitration hearing—not compelling pre-hearing depositions or document discovery. See CSP Techs., Inc. v. Hekal, 869 N.Y.S.2d 449, 450 (1st Dep't 2008). You must serve the subpoena in compliance with N.Y. C.P.L.R. § 2303(a). If the witness is a party or within a party's control, you may serve the party's attorney of record. See N.Y. C.P.L.R. § 2303-a. You must include with your subpoena: • A witness fee of $15 for each day's attendance –and– • A mileage fee of $0.23 for each mile to and from the place where the witness was served and the location of the hearing, unless travel is wholly within a city See N.Y. C.P.L.R. §§ 8001(a)–(b). Note, this template only applies if you are procuring a witness's attendance at a domestic arbitration hearing governed by the C.P.L.R. This template does not apply to international arbitration or arbitrations governed by the Federal Arbitration Act (FAA). For information on issuing subpoenas governed by the FAA, see Compelling Evidence from Nonparties in Arbitration (U.S.) and Subpoena in Arbitration Checklist (U.S.). For information on subpoenas in New York state court litigations, see Discovery Subpoenas: Drafting, Issuing, and Serving (NY) and Discovery Subpoenas: Enforcing (NY).