NEW JERSEY INSTATE WITNESS SUBPOENAS
New Jersey recently enacted Rule 4:11-4b to comply with the Uniform Interstate Deposition and Discovery Act.
New Jersey Court Rule 4:11-4. Testimony for Use in Foreign Jurisdictions
- (a) Testimony for Use in the United States or Another Country. Whenever the deposition of a person is to be taken in this State pursuant to the laws of the United States or another country for use in connection with proceedings there, the Superior Court may, on ex parte petition, order the issuance of a subpoena to such person in accordance with R. 4:14-7. The petition shall be captioned in the Superior Court, Law Division, shall be designated “petition pursuant to R. 4:11-4” and shall be filed in accordance with R. 1:5-6(b). It shall be treated as a miscellaneous matter and the fee charged shall be pursuant to N.J.S.A. 22A:2-7.
- (b)Testimony for Use in a Foreign State.
- (1) Submission of Foreign Subpoena. Whenever the deposition of a person is to be taken in this State pursuant to the laws of a foreign state for use in connection with proceedings there, an out-of-state attorney or party may submit a foreign subpoena along with a New Jersey subpoena which complies with subparagraph (3) to an attorney authorized to practice in this State or to the clerk of the court in the county in which discovery is sought to be conducted in this State. The foreign subpoena must include the following phrase below the case number: “For the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4 (b)” and shall be filed in accordance with R. 1:5-6(b). It shall be treated as a miscellaneous matter and the fee charged shall be pursuant to N.J.S.A. 22A:2-7.
- (2) Request Does Not Constitute Appearance.A request for the issuance of a subpoena does not constitute an appearance in the courts of this State. A request for the issuance of a subpoena does create the necessary jurisdiction in this State to enforce the subpoena; to quash or modify the subpoena; to issue any protective order or resolve any other dispute relating to the subpoena; to impose sanctions on the attorney or party requesting the issuance of the subpoena for any action which would constitute a violation of the Rules Governing the Courts of the State of New Jersey, including the Rules of Professional Conduct; and to take such other action as may be appropriate.
- (3) Contents of Subpoena. A subpoena under this subsection shall:
- (A) state the name of the New Jersey court issuing it and comply with the requirements of R. 4:14-7;
- (B) incorporate the terms and conditions used in the foreign subpoena to the extent those terms and conditions do not conflict with R. 4:14-7;
- (C) advise the person to whom the subpoena is directed of that person’s right to move to quash or modify the subpoena or otherwise move under R. 4:10-3, R. 4:14-4, R. 4:23-1 or any other Rules Governing the Courts of the State of New Jersey that are applicable to discovery;
- (D) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and
- (E) bear the caption and case number of the foreign case to which it relates, identifying the foreign jurisdiction and the court where the case is pending.
- (4) Service of Subpoena. A subpoena issued by an attorney authorized to practice in this State or by a clerk of the court must be served in compliance with R. 1:9-3 and R. 1:9-4.
- (5) Deposition, Production, and Inspection. The provisions of R. 1:9-2 apply to a subpoena issued under this section. As required by R. 4:14-7(c), a subpoena commanding a person to produce evidence for discovery purposes may be issued only to a person whose attendance at a designated time and place for the taking of a deposition is simultaneously compelled. The subpoena shall state that the subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition and that if the deponent is notified that a motion to quash the subpoena has been filed, the deponent shall not produce or release the subpoenaed evidence until ordered to do so by the court or the release is consented to by all parties to the action. The subpoena shall be simultaneously served no less than 10 days prior to the date therein scheduled on the witness and on all parties. Depositions and other discovery taken pursuant to the rule shall be conducted consistent with and subject to the limitations in the Rules Governing the Courts of the State of New Jersey, including the Rules of Professional Conduct, and all other applicable laws of this State.
- (6) Motion or Application to a Court. A motion or an application to the court for a protective order or to enforce, quash, or modify a subpoena issued by an attorney authorized to practice in this State or by a clerk of the court under section (b) must comply with the rules and statutes of this State and be submitted to the court in the county in which discovery is to be conducted or the deponent resides, is employed or transacts business. It must be filed as a miscellaneous matter bearing the caption that appears on the subpoena. The following phrase must appear below the case number of the newly filed matter: “Motion or Application Related to a Subpoena Issued Under R. 4:11-4(b).” Any later motion or application relating to the same subpoena must be filed in the same matter.
- (7) Application to Pending Actions. This section applies to requests for discovery in cases pending on the effective date of this section.