A New Jersey Subpoena in a Criminal Case (AO 89) is a legal document issued by a court or other government agency, requiring a person to appear in court or other legal proceeding. It may also be used to request documents or other tangible evidence for use in a criminal case. There are three types of New Jersey Subpoenas in a Criminal Case (AO 89): Grand Jury Subpoena, Witness Subpoena, and Subpoena Ducks Cecum. A Grand Jury Subpoena is typically issued to compel a witness to testify before a grand jury. A Witness Subpoena is issued to compel a witness to testify at a criminal trial. Subpoena Ducks Cecum is issued to compel a person to produce documents and other tangible evidence for use at a criminal trial.
New Jersey Subpoena in a Criminal Case (AO 89)
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Subpoena in a Criminal Case (AO 89)
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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.
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.
For document subpoenas, a court may quash or modify a document subpoena if compliance would be unreasonable or oppressive. (N.J. Ct. R. -2.)
A subpoena which seeks only the production of documents or records may be served by registered, certified or ordinary mail and, if served in that manner, shall be enforceable only upon receipt of a signed acknowledgment and waiver of personal service.
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.
New Jersey Court Rule governs the issuance of subpoenas. Court Rule -1 specifically states that ?a subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.? Emphasis added.
A deposition for use in an action in this state, whether pending, not yet commenced, or pending appeal, may be taken outside this state either (a) on notice pursuant to R. -2, or, in the case of a foreign country, pursuant to R.