N.Y. Comp. Codes R. & Regs. tit. 9 § 525.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 525.10 - Subpoenas and subpoenas duces tecum; depositions

(a) The office shall issue subpoenas and subpoenas duces tecum, upon written application of any party made not less than five days prior to the hearing. Subpoenas and subpoenas duces tecum shall comply with the Civil Practice Law and Rules. Their issuance at the request of a party shall depend upon a showing of the necessity therefor. A written request shall also designate the names and addresses of witnesses and the location of documents, books, payrolls, personnel records, correspondence, papers or any other evidence relating to the claim being heard. The office may, in its discretion, waive the five-day provision.

(b) Where a subpoena or subpoena duces tecum is issued at the request of the claimant or other necessary party, the cost of service and witnesses and mileage fees shall be borne by the party at whose request it is issued. Where a subpoena or a subpoena duces tecum is issued by the office itself, such service and witnesses and mileage fees shall be borne by the office. Such witnesses and mileage fees shall be the same as are paid at trials in the New York State Supreme Court.

(c) The office itself or on the application of the claimant, shall, whenever necessary, and upon such terms and conditions as it may determine, take or cause to be taken affidavits and depositions of witnesses residing within or without the State.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.10