How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7406
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I represent a wife in NC. Her ex-husband is suing her

Customer Question

I represent a wife in NC. Her ex-husband is suing her boyfriend in NY for alienation of affections. Husband's lawyer had subpoena issued in NY to boyfriend's employer for certain records. Does the employer have to send the responsive records to NC or can it make the NC lawyer come to him?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. A few minutes more please as I finish preparing my response. Thanks for your patience.
Expert:  LegalGems replied 1 year ago.
Here is the NC code authorizing out of state subpoenas: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_45.html (discussing how to obtain a commission, and how the rules of the other jurisdiction must be complied with).
American Bar Association's instsructions/overview here: http://www.paulhastings.com/docs/default-source/PDFs/deposing-nonparties-in-states-other-than-where-your-case-is-pending.pdf
Here is the NY statute authorizing fees, which include daily fees, and travel expenses: http://codes.lp.findlaw.com/nycode/CVP/23/2303
CPLR § 8001 : NY Code – Section 8001: Persons subpoenaed; examination before trial; transcripts of records:
(a) Persons subpoenaed. Any person whose attendance is compelled by a subpoena, whether or not actual testimony is taken, shall receive for each day’s attendance fifteen dollars for attendance fees and twenty-three cents as travel expenses for each mile to the place of attendance from the place where he or she was served, and return. There shall be no mileage fee for travel wholly within a city. (b) Persons subpoenaed upon an examination before trial. If a witness who is not a party, or agent or employee of a party, is subpoenaed to give testimony, or produce books, papers and other things at an examination before trial, he shall receive an additional three dollars for each day’s attendance. (c) Transcripts of records. Wherever the preparation of a transcript of records is required in order to comply with a subpoena, the person subpoenaed shall receive an additional fee of ten cents per folio upon demand.
http://home.innsofcourt.org/media/74890/prog_matls_--_feb_2014_--_issuing_ny_subpoena_for_out_of_state_proceeding.pdf -
https://www.nycourts.gov/courts/1jd/supctmanh/ex_parte_applications.shtml
I have reviewed the civil code and NY does not place a travel distance restriction on travel, unlike most other states.
Any objections to the subpoena needs to be addressed in the witness's jurisdiction: https://appellate.nccourts.org/opinions/?c=2&pdf=29004
Had [the party issuing the subpoeanas] wished to proceed with its attempt to obtain documents under the . . . subpoenas, [it] could have requested those out-of-state courts to notify the subpoena recipients that Judge Levinson’s order was to no effect. To the extent the entities in question failed to comply with the subpoenas, [Its] remedy was to initiate contempt or other proceedings in those states’ courts as
provided for by their rules of civil procedure. Had [it] thus obtained any documents it felt relevant to this action, it could have attempted to introduce such in this case.
Thanks for your patience; I was researching case law to see if I could find anything to the contrary.

Related Family Law Questions