INSTRUCTIONS FOR FILING AN OUT-OF-STATE SUBPOENA
Effective January 1, 2011, pursuant to New York State CPLR § 3119, the County Clerk is required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon receipt of a duly issued out-of-state subpoena.
Please mail 1 original and 1 copy of the Out-of-State Subpoena plus 1 copy of your In-State subpoena to the Broome County Clerk’s Office at the following address:
Broome County Clerk
Re: Out-of-State Subpoena
60 Hawley Street, 3rd Floor
PO Box 2062
Binghamton, NY 13902
If more than one individual or entity is being served, please provide originals and copies for each.
Please be sure to include the following:
- A $10 check made payable to the Broome County Clerk.
- We charge $10.00 for each name or entity to be subpoenaed.
- A self-addressed stamped envelope for the return of your documents.
We will compare the information requested in the Out-of-State Subpoena with the In-State Subpoena. All information must match exactly.
If the information’s identical, the County Clerk will sign, date, seal and return the Filed-stamped copy to you.
The Broome County Clerk DOES NOT serve subpoenas. Service must be made pursuant to §2302 and §2303 of the NYS Civil Practice Law and Rules (CPLR).
Out-of-State Subpoena Format:
Click here to view our preferred format for Out-of-State Subpoenas.
The caption should contain the following information:
- Make sure there’s a signature line at the end of the document for the County Clerk to sign.
- The upper right-hand corner of the first page should provide a line as follows:
- County Clerk Log No.____________________.
- Include the originating state, county, court, and case number.
- Must contain the following language: “pursuant to the Uniform Interstate Deposition and Discovery Act (CPLR 3119).
- Caption must identify State of New York County of Broome.
- Must contain the language “pursuant to the Uniform Interstate Deposition and Discovery Act and CPLR §3119).
- Add a FAILURE TO COMPLY paragraph explaining the penalties for non-compliance.
- Include contact information of counsel for all parties in the action (names, addresses, telephone numbers, etc.).
If you have any additional questions, please call our office at (607) 778-2255 Ext. 6.