N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.39 - Procedures for the enforcement of money judgments under CPLR article 52
(a)
All subpoenas and processes for the examination of judgment debtors or other
persons, including garnishees, in connection with the enforcement of money
judgments, as well as adjournments thereof if made returnable in the court,
shall be returnable in the appropriate motion part of each City
Court.
(b) All
subpoenas and processes for the examination of judgment debtors or other
persons, including garnishees, if made returnable in the court, shall be filed
with the clerk of the appropriate motion part, with proper affidavits of
service, at least two court days before the return day, except where service
was made too late for filing within such time, in which event filing before the
hour of the return shall suffice and the clerk shall list all such upon the
calendar. Stipulations of adjournments, if attendance in court on the adjourned
date is required, shall be similarly filed. Unless so filed, the names of the
parties shall not be called; nor shall any such names be called unless they
appear on a written or typewritten calendar. The judge presiding may, upon
proper proof by affidavit showing good cause for the failure to file in
accordance with this rule, add any matter to the calendar.
(c) No adjournment of an
examination shall be valid unless reduced to writing and a copy thereof
delivered to the judgment debtor or other person, including a garnishee, at the
time of such adjournment, and his acknowledgment of the receipt thereof is
endorsed on the original.
(d) There shall be no more than two
adjournments of the examination of a judgment debtor or other person, including
a garnishee, unless such additional adjournment is approved and such approval
is noted on the papers by the judge presiding at a motion part.
(e) No motion shall be made upon
the basis of any testimony taken in examinations unless and until such
testimony has been reduced to writing and unless and until there has been
compliance with the requirements of CPLR 5224(e).
(f) Every subpoena or other
process providing for the examination of a judgment debtor or other person,
including a garnishee, in addition to the other requirements of CPLR 5223,
shall have endorsed on its face, in bold type, the words: "This subpoena or
process (as the case may be) requires your personal appearance at the time and
place specified. Failure to appear may subject you to fine and imprisonment for
contempt of court."
Notes
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