New York Law (NYLE) Practice Exam

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May an attorney serve a trial subpoena for the production of documents for the trial of a civil action?

  1. Yes, and the responsive documents must be delivered in all cases to the court.

  2. Yes, and the attorney may direct that the responsive documents are served directly on the attorney, as long as they give notice to the opposing party.

  3. No, because a trial subpoena may only be issued by the court.

  4. No, because documents may not be subpoenaed after discovery is complete.

The correct answer is: Yes, and the attorney may direct that the responsive documents are served directly on the attorney, as long as they give notice to the opposing party.

In New York civil practice, an attorney does have the authority to issue a trial subpoena for the production of documents pertinent to the case. This is an essential tool for attorneys, allowing them to gather the evidence necessary to present their case effectively at trial. The correct answer indicates that the attorney may direct that the responsive documents be served directly on them, provided they notify the opposing party. This process maintains fairness and transparency in the trial preparation, ensuring that all parties are aware of what evidence is being produced and when. By providing notice to the opposing party, the attorney adheres to the principles of due process, allowing the opposing party the opportunity to review the materials and prepare adequately for any discussions or motions regarding those materials at trial. This procedural aspect fosters an environment of fairness in the legal process. The other options propose scenarios that are not aligned with the established practices in New York law. For instance, the requirement for documents to be delivered to the court does not reflect the practical realities of trial subpoenas. Additionally, the assertion that only the court can issue a trial subpoena misinterprets the authority of attorneys in civil actions. Lastly, the statement regarding documents not being subpoenaed after discovery overlooks the possibility of using subpoenas as a means to gather evidence at

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