Served 123 LLC domesticates and serves out-of-state subpoenas across all 62 New York counties under CPLR § 3119. Our default is the statute's fastest lane: in-house New York-licensed counsel issues the New York subpoena directly — no clerk fee, no queue — with Shield Law screening and the required affirmation prepared on every order. The county-clerk route is available on request.
New York rewrote CPLR § 3119. The Shield Law now lives in a consolidated subdivision (g) that expressly binds attorneys — not just courts and county clerks — and a new § 3119(b)(2) requires an affirmation with every request that the subpoena does not target legally protected health activity, with false affirmations enforceable by the New York Attorney General. The amendments also renumbered the statute: the attorney-issuance paragraph most guides still cite by its old number is now § 3119(b)(5). We work from the current text, screen every order, and prepare the affirmation as a matter of course.
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New York offers two ways to domesticate an out-of-state subpoena under CPLR § 3119, New York's adoption of the Uniform Interstate Depositions and Discovery Act: submit it to the county clerk in the discovery county, or — the faster lane we use by default — have a New York-licensed attorney who receives the original or a true copy issue the New York subpoena directly under § 3119(b)(5), with no clerk fee and no queue. Either way, current law requires a § 3119(b)(2) affirmation with the request and bars issuance where the Shield Law in § 3119(g) applies. Service runs like a summons under CPLR 2302–2303, with the witness fee and mileage tendered in advance.
New York adopted the Uniform Interstate Depositions and Discovery Act by statute — CPLR § 3119, effective January 1, 2011 — replacing the old commission-and-second-order practice with two clean issuance lanes. On the default lane we use, § 3119(b)(5) lets a New York-licensed attorney retained by a party — ours, in-house — issue the New York subpoena directly upon receiving the original or a true copy of the out-of-state subpoena: no county-clerk filing, no fee, no queue, and same-day turnaround on properly prepared orders. On the alternative lane, the foreign subpoena is submitted to the county clerk in the county where discovery is sought (in New York, the County Clerk is the Supreme Court's civil clerk), who issues ministerially — typically $10 per name, with counties requiring the foreign subpoena to be signed by a judge or clerk of the trial-state court, per official county-clerk instructions like Broome County's. Submitting a request is not an appearance in New York's courts.
Current law adds two requirements most guides haven't caught up with. First, § 3119(b)(2) requires that every request — clerk path or attorney path — include an affirmation that the subpoena is not related to any proceeding seeking to impose legal consequences for legally protected health activity; a false affirmation is enforceable by the New York Attorney General. Second, the consolidated Shield Law at § 3119(g) bars any court, county clerk, or New York attorney from issuing a § 3119 subpoena for an out-of-state proceeding relating to legally protected health activity — covering reproductive health care and gender-affirming care — outside a narrow patient-brought exception. Because the issuing attorney is personally bound, our in-house counsel screens every order under (g) and prepares the (b)(2) affirmation before anything issues. Whatever the lane, the New York subpoena must mirror the foreign subpoena's terms and carry every counsel's contact information per § 3119(b)(4), plus the elements New York practice expects: the UIDDA legend county clerks require, a CPLR 2308 failure-to-comply paragraph, the CPLR 3101(a)(4) statement of the circumstances or reasons disclosure is sought from a non-party, and return dates that respect the 20-day floor of CPLR 3120(2).
Service runs under CPLR 2303 — the same manner as a summons — with the CPLR 8001 witness fee and mileage paid or tendered in advance: $15 per day plus 23¢ per mile round trip (no mileage for travel wholly within a city, and an extra $3 per day for a non-party deposition witness). A copy of any subpoena duces tecum also goes to every party who has appeared. Depositions sit in the county where the witness resides or works under CPLR 3110, remote by stipulation, and any application for a protective order or to enforce, quash, or modify goes to the court in the discovery county under § 3119(e). Served 123 LLC runs the full sequence — screening, affirmation, preparation, in-house issuance, statewide service with the tender at the door, and a court-ready affidavit — across all 62 counties, five boroughs included.
Added by New York's Shield Law amendments, CPLR § 3119(b)(2) conditions every domestication request — county-clerk filings and attorney issuance alike — on an affirmation addressing legally protected health activity. Most services have never heard of it. We prepare it on every order.
Whether the New York subpoena issues from the county clerk or from in-house counsel under § 3119(b)(5), current law requires the request to be accompanied by an affirmation, in substance:
This is the requirement's substance, not a verbatim quotation — the affirmation itself is a sworn document our in-house New York counsel prepares and executes with each order, paired with the § 3119(g) Shield Law screen. A false affirmation is enforceable by the New York Attorney General, with a six-year window that runs from the clerk filing or the attorney issuance. If your matter could touch reproductive health care or gender-affirming care provided in New York, talk to us before anything issues.
CPLR § 3119 builds both lanes into the statute, and both end in a New York subpoena of identical legal force. Here is the head-to-head — and why our default is in-house counsel.
Our New York-licensed attorney receives the original or a true copy of your out-of-state subpoena and issues the New York subpoena directly. No $10 clerk fee, no filing, no county queue — same-day issuance on properly prepared orders, with the § 3119(g) Shield screen and the § 3119(b)(2) affirmation handled in-house.
Same-day · No clerk fee · All 62 countiesThe foreign subpoena — signed by a judge or clerk of the trial-state court — is filed with the County Clerk in the discovery county, typically with a $10-per-name fee per official instructions like Broome County's. The clerk issues ministerially; forms, fees, and turnaround vary county to county, and our representative handles the counter in person.
Clerk's queue · $10 per name · Varies by countyBoth lanes require the § 3119(b)(2) affirmation and clear the § 3119(g) Shield Law screen — and either way, the issued subpoena is served under CPLR 2302–2303 with the witness fee tendered in advance.
From intake to affidavit — our in-house counsel default, with the county-clerk route available on request.
Use the order form above or email info@served123.com. Include the originating state, the New York county where the recipient is located, and your subpoena as a PDF. For deposition subpoenas, include the scheduled date so we can confirm county-of-attendance and notice compliance up front.
Before anything issues, in-house counsel screens the matter under § 3119(g) — which bars courts, county clerks, and New York attorneys alike from issuing where an out-of-state proceeding relates to legally protected health activity — and prepares the § 3119(b)(2) affirmation current law requires with every request. If the Shield Law applies, we tell you before service triggers a motion practice, not after.
We prepare the New York subpoena with every required element: the foreign subpoena's terms mirrored and all counsel and unrepresented-party contacts attached per § 3119(b)(4); the UIDDA legend county clerks require on its face; a CPLR 2308 failure-to-comply paragraph; the CPLR 3101(a)(4) statement of the circumstances or reasons disclosure is sought from a non-party; and return dates honoring the 20-day floor of CPLR 3120(2).
Under § 3119(b)(5), our in-house New York-licensed attorney — having received the original or a true copy of your out-of-state subpoena — issues the New York subpoena directly. No county-clerk filing, no $10 fee, no queue: same-day issuance for properly prepared orders received during business hours, with identical legal force to a clerk-issued subpoena.
Prefer the clerk route? We coordinate it: the foreign subpoena — signed by a judge or clerk of the trial-state court, as county clerks’ official instructions require — is submitted with the prepared New York subpoena to the County Clerk in the discovery county, with the fee (typically $10 per name, per official instructions like Broome County's). Forms and fees vary by county, and our representative handles the counter in person.
We serve under CPLR 2303 — the same manner as a summons — with the CPLR 8001 witness fee and mileage tendered in advance at the door, and a copy of any duces tecum delivered to every party who has appeared. You receive a signed, court-ready PDF affidavit of service for filing in your originating case; any protective-order or enforcement application belongs to the court in the discovery county under § 3119(e).
Before 2011, reaching a New York witness for an out-of-state case meant a commission from the trial court and a second proceeding here. § 3119 replaced all of it with direct issuance.
The current statutory framework — as amended by New York's Shield Law — plus the service, fee, and disclosure rules that decide whether a New York subpoena survives a challenge.
| Authority | Subject | Key requirement |
|---|---|---|
| CPLR § 3119(a) | Definitions | Out-of-state subpoena, person, state, and subpoena (testimony, documents and ESI, premises) — plus legally protected health activity, gender-affirming care, and reproductive health care at (a)(5)–(7) |
| CPLR § 3119(b)(1) | Clerk submission | Submit the out-of-state subpoena to the county clerk in the county where discovery is sought; the request is not an appearance, save the narrow affirmation-enforcement carve-out |
| CPLR § 3119(b)(2) | Required affirmation | Every request must include an affirmation that the subpoena is not related to a proceeding seeking to impose legal consequences for legally protected health activity; false affirmations are enforceable by the Attorney General |
| CPLR § 3119(b)(3)–(4) | Clerk issuance & contents | Except as the Shield Law provides, the clerk promptly issues a subpoena that incorporates the foreign subpoena's terms and carries the names, addresses, and phone numbers of all counsel of record and any unrepresented party |
| CPLR § 3119(b)(5) | Attorney issuance | A New York-licensed attorney retained by a party, who receives the original or a true copy of the out-of-state subpoena, may issue the New York subpoena directly — our default path |
| CPLR § 3119(g) | Shield Law | No court, county clerk, or New York attorney may issue for an out-of-state proceeding relating to legally protected health activity, outside the patient-brought tort/contract exception with a compliant affirmation |
| CPLR § 3119(c), (e) | Service & applications | Service per CPLR 2302–2303; protective orders and motions to enforce, quash, or modify go to the court in the discovery county |
| CPLR § 2303 | Manner & tender | Served in the same manner as a summons; witness fee and travel expenses paid or tendered in advance; a copy of any duces tecum served on every party who has appeared |
| CPLR § 8001 | Witness fees | $15 per day plus 23¢ per mile round trip; no mileage for travel wholly within a city; an additional $3 per day for non-party deposition witnesses; 10¢ per folio for record transcripts on demand |
| CPLR §§ 3101(a)(4), 3120(2) | Non-party safeguards | A non-party subpoena must state the circumstances or reasons disclosure is sought, and a production return date may not be less than twenty days after service |
| CPLR § 3110 | Deposition venue | Depositions sit in the county where the witness resides or works; remote depositions proceed by stipulation |
| County Clerk practice | Clerk-path requirements | Foreign subpoena signed by a judge or clerk of the trial-state court; the UIDDA / CPLR § 3119 legend on the New York subpoena's face; a failure-to-comply paragraph; typically $10 per name, varying by county |
Statutory citations verified against the current Civil Practice Law and Rules as amended by New York's Shield Law, and clerk-path requirements against official county instructions, at the time of writing. Requirements may be amended by the Legislature, and clerk practice varies by county; we confirm current law and county procedure on every order.
New York's statute is generous — two lanes, same-day issuance — but it punishes stale citations and skipped formalities. These are the New York-specific errors we screen out before anything issues or gets served.
Most guides still cite the attorney path by its old paragraph number and the Shield Law as two separate subdivisions. The statute was rewritten and renumbered — attorney issuance now lives at § 3119(b)(5), the shield at a consolidated § 3119(g). We cite and follow the current text.
Current law conditions every request on the affirmation — and a false one is enforceable by the Attorney General with a six-year window. In-house counsel prepares and executes it on every order.
§ 3119(g) now binds the issuing attorney, not just courts and clerks. Matters touching reproductive health care or gender-affirming care provided in New York are barred outside a narrow patient-brought exception. We screen before issuance, not after a motion to quash.
On the clerk route, counties require the out-of-state subpoena to be signed by a judge or clerk of the trial-state court, with the UIDDA / § 3119 legend and a failure-to-comply paragraph on the New York subpoena. We prepare to each county's official instructions.
CPLR 2303 demands the witness fee and mileage be paid or tendered in advance — $15 a day plus 23¢ a mile round trip, no mileage wholly within a city — and a copy of any duces tecum served on every party who has appeared. We tender at the door and complete the party copies.
A real § 3119 subpoena was attacked in Olson v Glencore for omitting the CPLR 3101(a)(4) circumstances-or-reasons statement and setting a 13-day return that violated CPLR 3120(2)'s 20-day floor. We build both into every non-party subpoena.
End-to-end handling on the statute's fastest lane — with the compliance layers current law demands.
Our default: a New York-licensed attorney on staff issues directly under § 3119(b)(5) — no clerk fee, no queue, same-day on properly prepared orders.
Every order is screened under § 3119(g), and the § 3119(b)(2) affirmation is prepared and executed before anything issues.
Mirrored terms, counsel contacts, the county-clerk legend, the CPLR 2308 paragraph, the 3101(a)(4) statement, and 20-day-compliant return dates.
Judge- or clerk-signed foreign subpoena, county-specific forms and the $10-per-name fee handled at the counter, in person, in any of the 62 counties.
CPLR 2302–2303 service statewide — like a summons, by a non-party 18 or older — with witness fees and mileage tendered in advance and party copies completed.
Our in-house team responds within minutes during business hours with real-time status from screening through affidavit.
Every major subpoena type under CPLR § 3119 — issued by in-house counsel, Shield-screened, served statewide.
Compels production of documents, records, or ESI — with the 3101(a)(4) statement on its face, a return date honoring the 20-day floor, and copies served on every appearing party.
Requires appearance and testimony, with the $15 fee and round-trip mileage tendered in advance — plus the extra $3 per day a non-party deposition witness is owed.
Compels a New York witness to a deposition in the county where they reside or work under CPLR 3110 — remote by stipulation — with notice timing confirmed up front.
Entities and registered agents served across the state — and the five boroughs' separate County Clerks bypassed entirely on our default lane.
From Manhattan towers to Buffalo and every county between — teams that need New York discovery done at New York speed.
Out-of-state litigators reaching New York witnesses, custodians, and corporations without retaining separate local counsel for routine issuance.
Counsel subpoenaing banks, funds, and broker-dealers in the country's financial capital — where same-day issuance actually matters.
Teams reaching New York hospitals, systems, and providers — with the Shield Law screen and required affirmation handled before issuance.
Organizations needing end-to-end New York domestication, custodian service, and production tracking.
Attorneys who want one vendor covering all 62 counties — boroughs, Long Island, and Upstate alike.
Support firms outsourcing New York § 3119 work that demands current-law precision.
We issue and serve in all 62 New York counties — the five boroughs, Long Island, the Hudson Valley, and every Upstate county. The counties we work in most:
That's all 62 — every New York county, each with its own County Clerk. On our default lane, in-house counsel issuance bypasses every one of those counters; on the clerk route, we file in person at whichever one your discovery county requires.
Straight answers on domesticating and serving an out-of-state subpoena in New York under CPLR § 3119 — including the in-house counsel default, the required affirmation, and the Shield Law.
Send the originating state, the New York county, and your subpoena PDF. We screen under the Shield Law, prepare the required affirmation, build the subpoena with every required element, issue same-day through in-house New York counsel — or the county clerk on request — and serve statewide with the witness fee tendered in advance.
Served 123 LLC is a process service and litigation-support company, not a law firm. Attorney issuance under CPLR § 3119(b)(5) and the § 3119(b)(2) affirmation are performed by in-house New York-licensed counsel. This page is general information about New York procedure, not legal advice.
