Matter of Terry D., 81 N.Y.2d 1042 (1993)

A subpoena duces tecum cannot be used as a tool for discovery to ascertain the existence of evidence; it is meant to compel the production of specific documents relevant and material to facts at issue in a pending judicial proceeding.

Summary

Terry D., a juvenile, was charged with acts of juvenile delinquency for allegedly assaulting a teacher. He requested a subpoena duces tecum to obtain the names, addresses, and telephone numbers of students and non-students present during the incident. When the assistant principal failed to comply, Terry D. moved for contempt. The assistant principal and the Board of Education cross-moved to quash the subpoena. The Family Court partially granted the motion, and the Appellate Division affirmed. The New York Court of Appeals reversed, holding that the subpoena was an improper attempt to use the subpoena power for discovery purposes, circumventing the established discovery procedures under the Family Court Act.

Facts

Terry D., one week shy of 16, allegedly entered a classroom at Brandéis High School, cursed at the teacher, blocked her exit, and punched her in the head. He was subsequently charged with juvenile delinquency. Terry D. requested a subpoena duces tecum, seeking the names, addresses, and telephone numbers of all students and non-students present in the classroom during the alleged assault. The assistant principal, Linda Marks, did not comply with the subpoena.

Procedural History

The Family Court Judge issued the subpoena duces tecum. After non-compliance, Terry D. moved to hold the assistant principal in contempt. The assistant principal and the Board of Education cross-moved to quash the subpoena. The Family Court partially granted the motion to quash, directing the assistant principal to produce the requested information if an arrangement for in-person contact could not be made. The Appellate Division affirmed the Family Court’s decision. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether a subpoena duces tecum can be used to obtain the names, addresses, and telephone numbers of potential witnesses for the purpose of discovery, when such discovery is not otherwise available under the Family Court Act.

Holding

No, because a subpoena duces tecum cannot be used for the purpose of discovery or to ascertain the existence of evidence; its purpose is to compel the production of specific documents that are relevant and material to facts at issue in a pending judicial proceeding.

Court’s Reasoning

The Court of Appeals emphasized that while the Family Court has broad subpoena power, this power is limited. Quoting People v. Gissendanner, 48 NY2d 543, 551, the court stated that a subpoena duces tecum cannot be used for discovery or to ascertain the existence of evidence. Instead, its purpose is “to compel the production of specific documents that are relevant and material to facts at issue in a pending judicial proceeding.” The court found that Terry D.’s request was clearly an attempt to circumvent the discovery limitations of the Family Court Act, which does not mandate blanket disclosure of eyewitness names. The court acknowledged that potentially exculpatory evidence must be disclosed under People v. Vilardi, 76 NY2d 67, 75-76 and Brady v. Maryland, 373 US 83, 87-88, and prior statements of agency witnesses must be disclosed under Family Court Act § 331.4 (1) (a), but Terry D. was attempting to expand discovery beyond what is permitted. The court distinguished between securing attendance of witnesses (which is a constitutional right) and using a subpoena duces tecum solely to locate potential witnesses. The court concluded that the Family Court abused its discretion in denying the motion to quash because the subpoena was aimed at circumventing established discovery procedures.