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Where can I obtain information on Subpoenas?

Question and Answer

Where can I obtain information on Subpoenas?

  • RULE 1:9. SUBPOENAS 1:9-1.
  • For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena 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. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If the witness is to testify in a criminal action for the State or an indigent defendant, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena. Follow the link below to obtain subpoena forms.
  • Subpoena Ad Testificandum (Request someone's testimony in court)
  • Subpoena Duces Tecum (Request an appearance or documents).