Under CPLR (Civil Practice Law and Rules) Section 5251, a party may seek an order of contempt against another party who has failed to comply with a subpoena.
To obtain an order of contempt under CPLR 5251, the party seeking the order must demonstrate that:
- A valid subpoena was properly served on the party who is now failing to comply;
- The subpoenaed party has failed to comply with the subpoena; and
- The subpoenaed party does not have a valid excuse for failing to comply.
If these elements are established, the court may hold the subpoenaed party in contempt of court and impose sanctions such as fines, imprisonment, or both.
It’s important to note that a party seeking an order of contempt under CPLR 5251 must provide proper notice to the party who is the subject of the order, in accordance with the rules set forth in the CPLR. In addition, the party who is the subject of the order may have the right to a hearing before the court imposes any sanctions.
It’s also worth noting that the rules regarding contempt of a subpoena can be complex, and there may be exceptions or other factors that come into play in a particular case. It’s always advisable to consult with a qualified attorney if you have questions or concerns about seeking an order of contempt under CPLR 5251.
