4 NYCRR 211.3

Request for subpoena

Source version current through Oct 7, 2026

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Request for subpoena

(a)The administrative law judge may issue a subpoena only when the party applying for it files a

written affirmation, conforming to the requirements of this Part. The affirmation shall be signed

and shall state “I affirm under penalties of perjury under the laws of New York, which may

include a fine or imprisonment, that the foregoing is true, and I understand that this document

will be filed in a proceeding before the Public Employment Relations Board and may be filed in

an action or proceeding in a court of law.”

(b)Contents of affirmation for a witness subpoena. Such affirmation must specify: (1) the name

and address of each individual for whom the subpoena is sought; (2) facts sufficient to establish

the relevancy of the testimony to be adduced pursuant to the subpoena; and (3) that a copy of the

subpoena request and affirmation has been served upon all other parties.

(c)Contents of affirmation for subpoena requiring the production of books, papers, documents or

other objects. Such affirmation must specify: (1) the books, papers, documents or other objects to

be produced pursuant to the subpoena; (2) facts sufficient to establish the relevancy of the

materials to be produced; and (3) that a copy of the subpoena request and affirmation has been

served upon all other parties.

(d)A party may file with the administrative law judge a response to the subpoena request, with

proof of service upon all other parties, within five working days after its receipt of the subpoena

request.

(e)Nothing in this section shall in any way affect any rights of any person or entity under law.