In the absence of a statutory grant of subpoena power, what is allowed for agencies and attorneys of record for any party to the proceeding?

In the absence of a statutory grant of subpoena power, what is allowed for agencies and attorneys of record for any party to the proceeding?

• A. They have no subpoena power.
• B. They are granted general subpoena power afforded courts and attorneys under CPLR.
• C. They may issue subpoenas only with court approval.
• D. Subpoenas cannot be issued by them.

Answer: (B)

Subpoena power in New York is not limited to the courts. The CPLR gives a broad right for a party to a civil proceeding, or the party’s attorney, to issue subpoenas to compel witness appearance or document production. If there isn’t a specific statute granting subpoena authority to an agency, that agency (through its counsel) can rely on the CPLR to issue subpoenas. No prior court approval is needed to issue the subpoena itself; enforcement, if necessary, is handled by the courts. This is why the correct view is that agencies and attorneys of record have general subpoena power under the CPLR.

Subpoena power in New York is not limited to the courts. The CPLR gives a broad right for a party to a civil proceeding, or the party’s attorney, to issue subpoenas to compel witness appearance or document production. If there isn’t a specific statute granting subpoena authority to an agency, that agency (through its counsel) can rely on the CPLR to issue subpoenas. No prior court approval is needed to issue the subpoena itself; enforcement, if necessary, is handled by the courts. This is why the correct view is that agencies and attorneys of record have general subpoena power under the CPLR.