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 Rules on Service of Subpoena – Rule 1.9
Required Steps Rule 4-11:
- Review and comply with the requirements of the forum jurisdiction to pursue discovery in another jurisdiction.
- 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.
- 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.
- 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.
- Pay a $50.00 fee by money order or check made payable to “Treasurer, State of New Jersey.”
- 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.
- 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:
- 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”
- Complete New Jersey subpoena. Click here for forms.
- Make sure to list all parties by appearing counsel, counsel’s name, address, on the New Jersey subpoena
- To issue the subpoena, choose one:
- 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.
- 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.