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SAMPLE TRIAL SUBPOENA – TO BE SERVED ON THE DEFENDANT (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

 SUPREME COURT : STATE OF NEW YORK

COUNTY OF SUFFOLK

—————————————————————X

______________________,

 

                                    Plaintiff,                                 TRIAL SUBPOENA

 

            -against-                                                        Index No.: 

 ______________________,

                                     Defendant.

—————————————————————X

THE PEOPLE OF THE STATE OFNEW YORK

 TO:        ____________________________

GREETING:

WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before the Honorable ___________________ of the Supreme Court of the State of New York, County of Suffolk,  _________________________, New York, on ______________ 9:00 a.m. and at any recessed or adjourned date, to give testimony in this action on the part of the Plaintiff, and that you bring with you and produce at the time and place aforesaid, the following documents and records, now in your custody and all other deeds, evidences and writings, which you have in your custody or power, for the years ________ through ____________, including:

1.  All savings bank books, records, accounts and memoranda, current as well as those that may have been cancelled or closed, whether in Defendant’s name individually, jointly, in trust, as custodian, as nominee, or in conjunction with any other person or persons, including, but not limited to deposit slips, withdrawal slips, money orders or bank check stubs.

 

 

2.  All records, papers and memoranda concerning all checking accounts in Defendant’s name individually, joint, in trust, as custodial, as nominee or in conjunction with any other person or persons, including checkbooks, checkbook stubs, statements, cancelled checks and deposit slips, whether said accounts are current or may have been closed.

 

 

3.  All stock certificates, bond or other securities in Defendant’s name individual, jointly, in trust, as custodian, as nominee or in conjunction with any other person or persons, or conjunction with any other person or persons in any corporation, domestic and foreign, or issued by the Federal Government or by any State, Municipal or other governmental agency.

 

 

4.  All books, records, accounts, monthly statements, statements of transactions and all other papers and memoranda of stock brokerage accounts in Defendant’s name individually, jointly, in trust, as custodian, as nominee or in conjunction with any other person or persons.

 

 

5.  All personal financial statements prepared on behalf of the Defendant and all credit applications.

 

6.  Copies of all Federal, State and City income tax returns together with Schedules and work sheets thereof and all other papers, documents and memoranda referring to any adjustment made in connection therewith, together with all 1099, W-2 and K-1 forms.

 

 

7.  Any and all contracts for rental and/or lease of safe deposit boxes and vaults.

 

 

8.  Any and all deeds or conveyances of real property in Defendant’s name individually, jointly, in trust, as custodian, as nominee, or in conjunction with any other person or persons of which Defendant is the legal beneficial or equitable owner or has any interest therein.

 

 

 

9.  Any and all records, vouchers, documents, papers and memoranda pertaining to monies and benefits received and being presently received by Defendant from all sources, including but not limited to salaries, wages, drawings, travel and entertainment, automobile usage, dividends, bonuses, sick pay, pensions, annuities, welfare benefits, profit sharing, stock options, medical, dental and insurance benefits, retirement funds or reimbursed expenses.

 

 

10.  Any and all policies of insurance covering Defendant, including but not limited to life, endowment, annuity, theft, floater, liability, health and accident and automobile, and all records showing payments for premiums therefor.

 

 

11.  Any and all records, documents, papers, memoranda, notes, loans, and mortgages relating to any and all loans made by or to the Defendant from or to any person or entities.

 

 

12.  All agreements of employment.

 

 

13.  All records of membership and contributions to any charity or any other organization including private and professional clubs or associations.

 

 

14.  Copies of all balance sheets and operating statements of any corporation which Defendant during the years referred to or is an owner or holder of any outstanding stock.

 

 

15.  Copies of all balance sheets and operating statements of any business, professional practice, partnership, joint venture, and syndicate of which Defendant was or is a partner or member.

 

 

16.  With respect to such business, professional practice, corporation, partnership(s), joint venture(s), or syndicate(s);

 

 

(a)  All agreements to which Defendant is a party.

 

 

(b)  All loans, personal, expenses, disbursements and receipt accounts with respect to Defendant.

(c)  All savings bankbooks, records, accounts and memoranda, current as well as those that may have been cancelled or closed,

 

(d)  All records, papers and memoranda concerning all checking accounts, including checkbooks, checkbook stubs, statements, cancelled checks and deposit slips, whether said accounts are current or may have been closed.

 

 

(e)  All stock certificates, bonds or other securities or in any corporation, domestic or foreign, or issued by the Federal Government or by any state, municipal or other governmental agency.

 

 

(f)         All books, records, accounts, monthly statements, statements of transactions and all other papers and memoranda of stock brokerage accounts.

 

 

(g)  Copies of all Federal and State Income Tax returns together with the Schedules and work sheets thereof and all other papers, documents and memoranda referring to any adjustments made in connection therewith.

 

 

(h)  Any and all contracts for the rental and/or lease of safe deposit boxes or vaults.

 

(i)  Any and all deeds or conveyances of real property.

 

 

(j)  Any and all records, documents, papers and memoranda pertaining to monies received and being presently received from all sources.

 

 

(k)  Any and all policies of insurance, including but not limited to theft, floater, liability, health, accident and automobile, and all records showing payments or premiums therefor.

 

 

(l)  All records of membership in and contributions to any charity or any other organizations or associations, including private or professional clubs or associations.

 

 

(m)  Records of all credit card charges incurred by the Defendant and paid for by said business.

 

 

(n)  Any and all records, vouchers, documents, papers, memoranda pertaining to monies, benefits or reimbursements to Defendant for salaries, drawings, wages, travel and entertainment, automobile use or expense, dividends, bonuses, sick pay, pensions, annuities, welfare benefits, profit sharing, stock options, medical, dental and insurance benefits, retirement funds or reimbursed expenses.

 

 

(o)  All books, records, accounts, monthly statements, statements of transactions and all other papers and memoranda with respect to any and all credit card and charge card accounts.

 

 

17.  All records, bills, invoices, charge cards, receipts, and all documentation relating to the Defendant’s vacations.

 

 

18.  All leases, papers, memoranda concerning all automobiles leased by the Defendant.

 

 

19.  The Defendant’s personal and office diary covering the period for the past five years to date.

 

 

20.  All checks, bills, memoranda or other statements in the Defendant’s name individually or in conjunction with any other person or persons for expenditures made or incurred during the past three years for the following items:  private school, college, skiing, mortgages, vacations, rent, maintenance, real estate taxes and assessments, home insurance, life insurance, fuel, painting, gardening, water, repairs, wages, income taxes, personal taxes, food, clothing, accident insurance, dues and expenses, political contributions, education, travel, automobile, automobile maintenance, automobile insurance, medical expenses, entertainment, appliances, furniture, home furnishings, home improvements, telephone, electric, gas, oil, books, periodicals, sporting goods, hobbies.

 

 

21.  All records of leases on which you are the landlord or lessee.

 

 

22.  Any and all records evidencing payments as and for support monies.

 

 

23.  Any and all documents, writings, memoranda, bank books, check books, etc., evidencing receipts of payments as and for rent from any current or past tenants.

 

 

24.  Copies all sales agreements and/or options, and/or closing statements or any real estate owned by you or held by you in your name or in your name jointly, or in your name in trust, or in your name as guardian, in which you have an interest exceeding fifteen (15%) percent and having been signed within this time period.

 

25.  Copies of all mortgages, notes receivable, or other evidence of debts due you, individually or via entity, as well as all mortgages, notes receivable or other evidence of debts due an entity in which you hold a legal or equitable ownership interest which have been executed or are payable in this time period or the future.

 

 

26.  Copies of all partnership and/or joint venture agreements to which you are a party.

 

 

27.  Copies of all corporate records (articles of organization, by-laws, and minute books) for every corporation in which you have an equitable or legal ownership interest in excess of ten (10%) percent including but not limited to those listed above.

 

 

28.  All books and records showing any fringe benefits available to you from any business entity in which you have a legal or equitable ownership interest, including but not limited to auto expenses, travel expenses, personal living and entertainment expenses, life insurance, bonuses, health, accident and hospital insurance.

 

 

29.  Copies of each Keogh, pension, profit sharing and retirement plan, and statements of any and all IRA accounts and any other employee benefit plan in which you are a participant.

 

 

30.  All credit and charge accounts cards and monthly statements pertaining thereto for specified time period, whether individual or joint, of which you have use, whether current or cancelled.

 

 

31.  The registration of each and every motor vehicle currently used by you whether registered to you individually or to entity, whether equitable or legal, and registrations of any of which expenses are paid by entity, and provide records of all expense payments or reimbursements in connection therewith.

 

 

32.  All records pertaining to the transfer by sale or gift or otherwise of any personal property, including stocks and bonds in excess of One Hundred ($100.00) Dollars made by you within specified time period.

 

 

33.  All employment records pertaining to personal employed by you within specified time period, including without limitation the names and addresses, the amount paid, the date of each payment and the nature of the services performed by each employee.

 

34.  Copies of your Will and any and all Wills and/or trusts wherein you are named, and/or wherein you are given any beneficial interest, and/or wherein you are named as trustee and/or executor, including but not limited to the Wills and/or trusts of your parents and/or close relative, with respect to which you are required to provide trust indentures, amortization schedules, records of payments made or received, in the current books and ledgers and accounts of said trusts.

 

 

35.  All patents and copyrights in your name, or in the name of any partnership, or corporation in which you have more than a ten (10%) interest.

 

 

36.  Copies of all powers of attorney as to which you are either a principal or an agent.

 

 

37.  Copies of yourUnited Statespassport, current or expired.

 

 

38.  Copies of any and all assumed name certificates and partnership certificates and/or limited partnership, firm, corporation or other entity in which you have more than a ten (10%) percent interest as a legal owner or in which you have an equitable interest of any kind.

 

 

39.  Provide copies of any and all contracts and promissory notes for which you are obligated individually or by an entity, whether primarily liable, in excess of One Thousand ($1,000.00) Dollars.

 

 

40.  Copies of any and all records, documents, receipts, contracts and the like which reflect in any way and all acquisitions of personal property by you within the specified time period.  Such records may include but are not limited to purchases in excess of $500.00 of china, crystal, silverware, glassware, oriental vases, furniture and the like.

 

 

41.  Any and all records, appraisals, receipts, contracts, and the like reflecting in any way your acquisition of any precious metals, stamps, coins or other collectibles having a value in excess of $500.00.

 

 

42.  Copies of any and all judgments, pleadings, satisfactions of judgment, summonses and the like reflecting in any way to any lawsuits to which you have been a party, whether Plaintiff or Defendant, within the specified period time.

 

 

43.  An itemized statement of all accounts receivable, and all accounts or clients which are current and for which you expect payment in the future, by producing books or ledgers, or by a separate itemization.

 

 

44.  The Plaintiff specifically reserves his/her right to request any and all other additional documents which may, in the opinion of counsel, later become necessary.

 

 

Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.

 

WITNESS, Honorable __________________, one of the Justice of said Court, at the Supreme Courthouse, _____________________, New York, on the _____th day of _____________.

By: ____________________.

Attorneys for ___________

___________________

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

 

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