§ 1691 - Production of books and papers; subpoena duces tecum
§ 1691. Production of books and papers; subpoena duces tecum
(a) In the trial of actions at law, and on motion and due notice thereof given, supreme, superior and district courts may require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue or relative to the action, and if the party fails to comply with the order, the court may render judgment against such party by nonsuit or default.
(b) When an action is pending in court against a person as cashier, director or other officer of a bank, for a violation of the provisions of the general banking laws of this state or on a bond for the performance of his duties as cashier, director or other officer of a bank, such court may compel the production of the books, papers and records of the bank, upon trial, by service of a subpoena duces tecum on the officers of the bank having the same in charge. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3.)