{"jurisdiction": "us-ny", "code": "nycrr", "section": "208.39", "citation": "Uniform Rules § 208.39", "heading": "Procedures for the enforcement of money judgments under CPLR article 52", "text": ["(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 such motion part of each county division of the court as may be designated by the Chief Administrator of the Courts.", "(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.\""], "official_source": "https://www.nycourts.gov/rules/part-208-uniform-civil-rules-new-york-city-civil-court", "from_official_api": false, "plain_english": "- Subpoenas/processes to examine **judgment debtors/garnishees** are returnable in the motion part the Chief Administrator designates, and (if returnable in court) filed **at least two court days** before the return day with proof of service. ★\n- No adjournment of an exam is valid unless **written** and delivered to the debtor/garnishee with acknowledged receipt.\n- **No more than two adjournments** of a judgment-debtor/garnishee exam without the judge's noted approval. ★\n- No motion on exam testimony until it's reduced to writing and CPLR 5224(e) is met.\n- Every such subpoena carries a **bold-face warning** that personal appearance is required and failure may bring **contempt (fine and imprisonment).** ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/208.39", "publisher": "Elyphived LLC"}