The New Jersey Subpoena to Produce Documents, Information, or Objections or to Permit Inspection of Premises (AO 88b) is a court order issued by a judge or magistrate to compel a person to appear before a court, or to provide documents, information, or objects in connection with a legal proceeding. This subpoena may be used to compel the production of documents, such as business records, medical records, financial records, or other documents relevant to a case. It can also be used to compel the appearance of witnesses and to allow for inspection of premises. There are two types of New Jersey Subpoena to Produce Documents, Information, or Objections or to Permit Inspection of Premises (AO 88b): a subpoena duces tecum and a subpoena ad testificandum. A subpoena duces tecum requires a person to bring certain documents or objects to court and be prepared to answer questions related to the documents or objects. A subpoena ad testificandum requires a person to appear in court to testify as a witness.
New Jersey Subpoena to Produce Documents, Information, or Objections or to Permit Inspection of Premises (AO 88b)
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FAQ
All trials, hearings of motions and other applications, first appearances, pretrial conferences, arraignments, sentencing conferences (except with members of the probation department) and appeals shall be conducted in open court unless otherwise provided by rule or statute.
For document subpoenas, a court may quash or modify a document subpoena if compliance would be unreasonable or oppressive. (N.J. Ct. R. -2.)
The Information Subpoena is a standardized list of questions approved by the New Jersey Courts. When directed to an individual defendant, the questions seek personal information such as an address, birth date, social security information and a driver's license number.
Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing.
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.
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.
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.