§ 1311-a.Subpoena duces tecum

Article 13-A. Proceeds of Crime—forfeiture · Last amended 1990 · Last verified July 21, 2026

In one sentenceSection 1311-a lets a claiming authority obtain a court-issued subpoena duces tecum before filing a forfeiture action to locate assets, through a sealed application that can proceed without notice when disclosure would put the property at risk.

Full Text of CPLR 1311-a

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1. At any time before an action pursuant to this article is commenced, the claiming authority may, pursuant to the provisions of subdivision two of this section, apply without notice for the issuance of a subpoena duces tecum.

2. An application for a subpoena duces tecum pursuant to this section:

(a) shall be made in the judicial district in which the claiming authority may commence an action pursuant to this article, and shall be made in writing to a justice of the supreme court, or a judge of the county court; and

(b) shall be supported by an affidavit, and such other written documentation as may be submitted which: (i) sets forth the identity of the claiming authority and certifies that the applicant is authorized to make the application on the claiming authority’s behalf; (ii) demonstrates reasonable grounds to believe that the execution of the subpoena would be reasonably likely to lead to information about the nature and location of any debt or property against which a forfeiture judgment may be enforced; (iii) states whether any other such subpoena or provisional remedy has been previously sought or obtained with respect to the subject matter of the subpoena or the matter to which it relates; (iv) contains a factual statement which sets forth the basis for the issuance of the subpoena, including a particular description of the nature of the information sought to be obtained; (v) states whether the issuance of the subpoena is sought without notice to any interested party; and (vi) where the application seeks the issuance of the subpoena without notice to any interested party, contains a statement setting forth the factual basis for the claiming authority’s belief that providing notice of the application for the issuance of the subpoena may result in any property being destroyed, removed from the jurisdiction of the court, or otherwise being unavailable for forfeiture or to satisfy a money judgment that may be entered in the forfeiture action, and may interfere with law enforcement investigations or judicial proceedings.

3. An application made pursuant to this section may be granted, in the court’s discretion, upon a determination that the application meets the requirements set forth in subdivision two of this section; provided, however, that no such subpoena may be issued or directed to an attorney with regard to privileged records or documents or attorney work-product relating to a client. When a subpoena has been issued pursuant to this section, the claiming authority shall have the right to possession of the subpoenaed material. The possession shall be for a period of time, and on such reasonable terms and conditions, as the court may direct. The reasonableness of such possession, time, terms and conditions shall be determined with consideration for, among other things, (a) the good cause shown by the party issuing the subpoena or in whose behalf the subpoena is issued, (b) the rights and legitimate needs of the person subpoenaed and

(c) the feasibility and appropriateness of making copies of the subpoenaed material. Where the application seeks a subpoena to compel the production of an original record or document, the court in its discretion may order the production of a certified transcript or certified copy thereof.

4. Upon a determination pursuant to subdivision three of this section that the subpoena should be granted, the court shall issue the subpoena, seal all papers relating thereto, and direct that the recipient shall not, except as otherwise ordered by the court, disclose the fact of issuance or the subject of the subpoena to any person or entity; provided, however, that the court may require that notice be given to any interested party prior to the issuance of the subpoena, or at any time thereafter, when: (a) an order granting a provisional remedy pursuant to this article with respect to the subject matter of the subpoena or the matter to which it relates has been served upon the defendant whose books and records are the subject matter of the subpoena, whether such books and records are in the possession of the defendant or a third party; or (b) the court determines that providing notice of the application (i) will not result in any property being destroyed, removed from the jurisdiction of the court, or otherwise being unavailable for forfeiture or to satisfy a money judgment that may be entered in the forfeiture action and (ii) will not interfere with law enforcement investigations or judicial proceedings. For purposes of this section, “interested party” means any person whom the court determines might have an interest in the property subject to the forfeiture action brought pursuant to this article.

5. Notwithstanding the provisions of subdivision four of this section, where a subpoena duces tecum has been issued pursuant to this section without notice to any interested party, the claiming authority shall serve written notice of the fact and date of the issuance of the subpoena duces tecum, and of the fact that information was obtained thereby, upon any interested party not later than ninety days after the date of compliance with such subpoena, or upon commencement of a forfeiture action, whichever occurs first; provided, however, where the action has not been commenced and upon a showing of good cause, service of the notice required herein may be postponed by order of the court for a reasonable period of time. The court, upon the filing of a motion by any interested party served with such notice, may, in its discretion, make available to such party or the party’s counsel for inspection such portions of the information obtained pursuant to the subpoena as the court directs.

6. Nothing contained in this section shall be construed to diminish or impair any right of subpoena or discovery that may otherwise be provided for by law to the claiming authority or to a defendant in a forfeiture action.

End

Plain-English Summary

Before a forfeiture case is even filed, a claiming authority may need to find out what property a suspect has and where it sits. Section 1311-a supplies that tool. The claiming authority applies in writing to a supreme court justice or county court judge, supported by an affidavit that identifies the claiming authority, shows reasonable grounds to believe the subpoena will lead to information about a debt or property that could satisfy a future forfeiture judgment, and discloses whether a similar subpoena or provisional remedy has already been sought. If the application asks the court to proceed without notice to anyone with an interest in the property, it must also explain why notice would risk the property's destruction, removal, or disappearance, or would interfere with an investigation.

The court decides whether the showing meets the statute's requirements, though the subpoena can never reach an attorney's privileged records or work product relating to a client. Once issued, the claiming authority gets possession of whatever is produced, on terms and for a period the court sets, weighing the good cause behind the subpoena against the legitimate needs of the person who has to produce the material. When the subpoena is granted without notice, the court seals the related papers and bars the recipient from disclosing that the subpoena exists, subject to exceptions the court can carve out later.

Because a subpoena issued in secret still touches someone's property rights, the statute builds in a catch-up notice requirement. Anyone with an interest in the property learns of the subpoena within ninety days after compliance, or when the forfeiture action is filed, whichever happens first, though a court can delay that notice further for good cause. Once notified, an interested party can move to inspect some or all of the material the subpoena produced. None of this displaces any other subpoena or discovery right the claiming authority or a defendant already has, and the tool feeds directly into the provisional remedies described in section 1312 and the later action authorized by section 1311.

Frequently Asked Questions

Can prosecutors subpoena my bank records before charging me with anything?

Yes, section 1311-a allows a claiming authority to apply for a subpoena duces tecum at any time before a forfeiture action is commenced, to investigate the location of property or debts that could satisfy a future judgment.

Will I be told if a subpoena was issued for my records?

Only later if it was granted without notice: you receive notice within ninety days after the subpoena is complied with, or when the forfeiture action is filed, whichever comes first, unless the court postpones notice for good cause.

Can a subpoena under this section reach my attorney's case file?

No, the statute bars issuing or directing a subpoena to an attorney for privileged records or attorney work product relating to a client.

What must the claiming authority show to get a subpoena issued without telling me?

A factual basis for believing that notice would risk the property being destroyed, removed from the court's jurisdiction, or made otherwise unavailable, or would interfere with a law enforcement investigation or judicial proceeding.

Can I ever see what information the subpoena turned up about me?

Yes, after you receive notice, you can move before the court, which may in its discretion allow you or your counsel to inspect some or all of the material obtained.

Amendment History

Add, L 1990, ch 655, § 10, eff Nov 1, 1990.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source

Also known as: forfeiture subpoena duces tecum New Yorkpre-forfeiture investigative subpoena New Yorksubpoena before civil forfeiture actionsealed subpoena forfeiture New Yorkasset location subpoena New York