New York Civil Practice Law & Rules
2303. Service of subpoena; payment of fees in advance. (a) A
subpoena requiring attendance or a subpoena duces tecum shall be served
in the same manner as a summons, except that where service of such a
subpoena is made pursuant to subdivision two or four of section three
hundred eight of this chapter, the filing of proof of service shall not
be required and service shall be deemed complete upon the later of the
delivering or mailing of the subpoena, if made pursuant to subdivision
two of section three hundred eight of this chapter, or upon the later of
the affixing or mailing of the subpoena, if made pursuant to subdivision
four of section three hundred eight of this chapter. Any person
subpoenaed shall be paid or tendered in advance authorized traveling
expenses and one day's witness fee.
A copy of any subpoena duces tecum
served in a pending civil judicial proceeding shall also be served, in
the manner set forth in rule twenty-one hundred three of this chapter,
on each party who has appeared in the civil judicial proceeding so that
it is received by such parties promptly after service on the witness and
before the production of books, papers or other things.