2307 - Books, papers and other things of a library, department or bureau of a municipal corporation or of the state.

§  2307.  Books,  papers  and other things of a library, department or  bureau of a municipal corporation or of the state.  Issuance by court. A  subpoena duces tecum to be served upon a library,  or  a  department  or  bureau  of  a  municipal  corporation  or  of  the  state, or an officer  thereof, requiring the production of any books, papers or other  things,  shall  be  issued  by  a justice of the supreme court in the district in  which the book, paper or other thing is located or by  a  judge  of  the  court in which an action for which it is required is triable. Unless the  court  orders  otherwise, a motion for such subpoena shall be made on at  least one day's notice to the library,  department,  bureau  or  officer  having  custody  of  the  book,  document or other thing and the adverse  party.  Such  subpoena  must  be  served  upon  such  library,  or  such  department or bureau of such municipal corporation or of the state or an  officer  having  custody  of  the  book, document or other thing and the  adverse party at least twenty-four hours before the time fixed  for  the  production  of such records unless in the case of an emergency the court  shall by order dispense with such notice otherwise required.  Compliance  with  a  subpoena  duces  tecum  may  be  made by producing a full-sized  legible reproduction of the  item  or  items  required  to  be  produced  certified  as  complete  and  accurate  by  the person in charge of such  library, department or bureau, or a designee  of  such  person,  and  no  personal  appearance  to certify such item or items shall be required of  such person or designee, unless the court shall order otherwise pursuant  to subdivision (d) of rule 2214 of this chapter.   Where  a  stipulation  would  serve  the  same  purpose  as production of the book, document or  other thing and the subpoena is required because the  parties  will  not  stipulate,  the  judge may impose terms on any party, including the cost  of production of the book or document, and require such cost to be  paid  as an additional fee to the library, department or officer.