§ 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.