Court Clarifies Rules for Nonparty Subpoenas

, New York Law Journal

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The Court of Appeals ruled that the way the First and Fourth departments interpreted the standard for enforcing subpoenas to nonparties in litigation was the "appropriate" one, largely because it better adhered to New York's "liberal" discovery policies than the interpretation by the Second and Third departments did.

What's being said

  • A great day for systemic enhanced transparency; and the greater truth will serve to better find a merit-based resolution sooner. Clearly, a great day for litigants. Non-parties, however, will need to be more careful who they interact with, as the risk of having to testify or produce documents just went up. It is, as it should be.

    Dated: 4/4/14
    /s/
    Ravi Batra

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