New Jersey Subpoena in a Civil Case (AO 88)

State:
New Jersey
Control #:
NJ-SKU-0274
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Description

Subpoena in a Civil Case (AO 88)

A New Jersey Subpoena in a Civil Case (AO 88) is a court order that commands an individual or entity to appear before a court or tribunal to provide testimony and/or documents relevant to a case. This is a formal process that legally requires a person to appear in court and provide answers to questions or to produce documents. There are two types of New Jersey Subpoena in a Civil Case (AO 88): 1. A Subpoena Ducks Cecum: This is a subpoena to produce documents. It legally requires a person to produce documents or other tangible evidence relevant to a case. 2. A Subpoena Ad Testificandum: This is a subpoena to testify. It legally requires a person to appear in court and give testimony relevant to a case.

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FAQ

See Court Rule -1, a subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served on the party's attorney demanding that the attorney present the client at trial.

Except as otherwise provided in paragraph (d), upon the issuance of process on a complaint within the trial jurisdiction of the municipal court, a subpoena may be issued by a judicial officer, by an attorney in the name of the court administrator, or, in cases involving a non-indictable offense, by a law enforcement

Each witness attending any of the following, in his own county, per day of attendance, $2.00; a court; a joint committee of the Legislature, a standing committee of either house or any special committee, which shall have been, by resolution, directed to enter upon any investigation or inquiry, the purpose of which

Under the UIDDA, those who wish to serve out-of-state subpoenas in NJ must simply submit the foreign subpoena to a county clerk. The clerk will then reissue a subpoena that outlines the same terms covered in the original subpoena. Once complete, the documents can be served to the intended recipients.

If possible, the subpoena should be served at least five days before the hearing date. The subpoenaed witness must be paid $2 per day and, if the witness does not live in the county where the hearing will be held, $2 for every thirty miles of travel between the witness' home and the hearing location.

A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. R. -8 (subpoenas in certain cases in the municipal court).

For document subpoenas, a court may quash or modify a document subpoena if compliance would be unreasonable or oppressive. (N.J. Ct. R. -2.)

Rule -5. Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.

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New Jersey Subpoena in a Civil Case (AO 88)