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You are here: Home1 / Civil Procedure2 / SUBPOENA ISSUED BY THE ATTORNEY GENERAL OF THE US VIRGIN ISLANDS SHOULD...
Civil Procedure

SUBPOENA ISSUED BY THE ATTORNEY GENERAL OF THE US VIRGIN ISLANDS SHOULD HAVE BEEN QUASHED BECAUSE IT WAS ISSUED WITHOUT ANY INVOLVEMENT BY A STATE COURT (FIRST DEPT).

The First Department, reversing Supreme Court, determined a subpoena issued by the Attorney General of the United State Virgin Islands (USVI) should have been quashed for failure to comply with CPLR 3119:

The subpoena … failed to meet the procedural requirements for out-of-state subpoenas because it was not issued “under authority of a court of record” (see generally CPLR 3119[a][1], [4] … ). Although the subpoena need not have been issued in connection with a pending litigation, there must have been some court involvement, such as the issuance of a commission by a state court clerk or signature of the subpoena by a state court judge … . We reject respondents’ argument that administrative subpoenas are outside the scope of CPLR 3119 and not subject to any restrictions on issuance. Matter of American Express Co. v United States Virgin Is. Dept. of Justice, 2019 NY Slip Op 08618, First Dept 12-3-19

 

December 3, 2019
Tags: First Department
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