What is a Subpoena and How to Get it Served in New Jersey · 2021
What is a subpoena? How do I get it served?
A subpoena is a document that orders a named individual to personally appear at a trial or hearing to:
1) give testimony (known as a Subpoena Ad Testificandum)
2) to produce documents or objects to be used at a trial or hearing as evidence (known as a Subpoena Duces Tecum).
Subpoena Service Court Rules · New Jersey
New Jersey Court Rule 1:9 governs the issuance of subpoenas.
Court Rule 1:9-1 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.]
This means that it is acceptable for an attorney or party in an action to generate a subpoena and sign it in the name of the clerk, without having to submit the subpoena to the Superior Court Clerk’s Office for signature by the clerk. To access forms that may be used to issue subpoenas, click on the links below.
Subpoena Ad Testificandum — Use this subpoena form when an individual’s testimony at a trial or hearing is needed.
Subpoena Duces Tecum — Use this subpoena form when an individual’s appearance and production of documents or other objects are needed at a trial or hearing.
How to Start the Process of Issuing a Subpoena · New Jersey
To issue a subpoena in a case being litigated in any U.S. state other than New Jersey (referred to as a “foreign” state), you may either (1) submit both a New Jersey subpoena and a subpoena from the other state to an attorney authorized to practice law in New Jersey, who will then issue the New Jersey subpoena to the relevant party, or (2) submit the subpoena to the Superior Court Clerk’s Office along with the filing fee at the address above. If you choose the second option, the Superior Court Clerk’s Office will sign the subpoena and it will be returned to you for service on the relevant party – the Clerk’s Office will not serve the subpoena.
(information updated & provided by https://njcourts.gov)