In New York, a defendant can be held in contempt of a subpoena in certain circumstances.
Under CPLR (Civil Practice Law and Rules) Section 2308, a subpoena is a legal order requiring a person to appear in court or to produce documents or other evidence. If a defendant fails to comply with a subpoena without a valid excuse, they can be held in contempt of court.
To hold a defendant in contempt of a subpoena in New York, the following requirements must generally be met:
- Service: The subpoena must have been properly served on the defendant in accordance with the rules set forth in the CPLR.
- Relevance: The subpoena must be relevant to the issues in the case, and the information or documents requested must be reasonably calculated to lead to the discovery of admissible evidence.
- Compliance: The defendant must have failed to comply with the subpoena. This can include failing to appear at a deposition or failing to produce requested documents.
- Lack of Excuse: The defendant must not have a valid excuse for their failure to comply with the subpoena. Valid excuses might include illness, a pre-existing scheduling conflict, or a claim of privilege.
If a defendant is found to be in contempt of a subpoena, they may be subject to sanctions, including fines, imprisonment, or both. In addition, a court may order the defendant to comply with the subpoena and may impose additional penalties for failure to comply.
It’s important to note 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 the enforcement of a subpoena in New York.
