New Jersey

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within New Jersey:

The party seeking the subpoena must comply with the following statute:

Click here for New Jersey Rule 4:11

Click here for New Jersey Courts website for New Jersey Rule 4-11-4B for issuance of subpoena under Interstate Discover Act

Click here for New Jersey Rules on Service of Subpoena – Rule 1.9

Click here for New Jersey court prepared Packet. Contains Ex-Parte Petition for Issuance of Subpoena.

Required Steps Rule 4-11:

  1. Review and comply with the requirements of the forum jurisdiction to pursue discovery in another jurisdiction.
  2. Obtain a Commission or Letters Rogatory under the seal of the appropriate court clerk or public official authorized in the forum jurisdiction to issue such a document.
  3. Retain an attorney authorized to practice in New Jersey to petition the Superior Court of New Jersey for an order authorizing the issuance of a subpoena commanding the New Jersey resident to answer written interrogatories or to appear at and submit to a deposition.
  4. The attorney authorized to practice in New Jersey will file with the Superior Court, Law Division – Civil Part, in the county in which the witness resides, an Ex-Parte Petition, a proposed form of Order, and a proposed subpoena.
  5. Pay a $50.00 fee by money order or check made payable to “Treasurer, State of New Jersey.”
  6. Upon receipt of the signed order and subpoena, have the attorney authorized to practice in New Jersey serve the subpoena or notice in lieu of subpoena.
  7. Counsel should consult the forum jurisdiction’s court rules concerning the need to serve the New Jersey witness with a notice of a deposition or a judicial subpoena from the forum jurisdiction. If required, counsel should attach the same to the Commission, Letters Rogatory or other judicial certificate.

Required Steps Rule 4-11-4B:

  1. Complete subpoena for home state.  Include statement in that subpoena that you “seek the issuance of a New Jersey subpoena pursuant to New Jersey Rule 4:11-4B”
  2. Complete New Jersey subpoena.  Click here for forms.
  3. Make sure to list all parties by appearing counsel, counsel’s name, address, on the New Jersey subpoena
  4. To issue the subpoena, choose one:
    1. Any New Jersey attorney can sign the name “s/” of the county clerk in the county where service is to be made (where your witness resides or conducts business), with the attorney signing his/her name underneath with his/her NJ bar number.  That attorney’s name, address, etc. will also appear at the upper left hand portion of the New Jersey subpoena.
    2. Submit the New Jersey subpoena to the New Jersey Superior Court Clerk’s office at 25 West Market Street, 6th floor, North Wing, Trenton, NJ 08625.  There is a $50 fee (payable to Treasurer, State of New Jersey.

Witness fees:

As per NJAC 1.1-11.2, witnesses required to attend shall be entitled to payment by the requesting party at a rate of $ 2.00 per day of attendance if the witness is a resident of the county in which the hearing is held and an additional allowance of $ 2.00 for every 30 miles of travel in going to the place of hearing from his or her residence and in returning if the witness is not a resident of the county in which the hearing is held.

Notice time:

At least ten days notice to witnesses and other parties for a deposition (N.J. Ct. R. 4:14-2).

At least 30 days notice for document requests issued to parties (N.J. Ct. R. 4:14-2(d) and 4:18-1). However, the 30-day notice rule does not appear to apply to non-party witnesses, who must only be given a reasonable time to respond.

Notice to adverse parties:

As per New Jersey Rule 4-11-1, at least 20 days before the date of hearing the petitioner shall serve upon each person named in the petition as an expected adverse party, in the manner provided by R. 4:4-4 and R. 4:4-5(a)(1), a notice, with a copy of the petition attached, stating the time and place of the application for the order described in the petition.