Get New Jersey Subpoena Sample

Work with an attorney. ... Determine who is in possession of the documents you wish to subpoena. ... Get a subpoena duces tecum request form from your state clerk of court. ... Complete the form. ... Describe the documents you wish to subpoena. ... Avoid subpoenaing privileged communication. ... Prepare any other required documents.

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.

The first, called subpoena ad testificandum (pronounced "ad test- te-fi-kan-dum"), requires you to testify before a court, or other legal authority. The second, called subpoena duces tecum (pronounced "doo-seez tee-kum"), requires you to produce documents, materials, or other tangible evidence.

A subpoena duces tecum requires you to produce documents or tangible evidence. Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both. ... He repeatedly refused to testify against Bonds despite being subpoenaed and ordered to do so by the court.

Can you claim the cost of answering it? A subpoena is an order made by a court at the request of a party to a court case that requires the recipient to either produce documents, attend court to give evidence, or both. The most common subpoena is for the production of documents.

A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

A subpoena costs $8 to have issued. Between $75-$100 to have it served.

Your employer is not required to pay you your wages while you are being deposed or while testifying in court. The attorney who issued the subpoena is required to pay you the statutory appearance fee, plus mileage for your appearance, which would include round-trip mileage.

Although it may technically be possible to get a subpoena without a lawyer, doing so carries with it certain risks. For example, if the proper person is not named, the party may not receive the documents that he or she is requesting. The subpoena must be listed in the person's name who actually has the records.

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.

The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice in the issuing court. (4) Notice to Other Parties Before Service.

In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law. If the subpoena is for a high-level government official (such as the Governor, or agency head), then it must be signed by an administrative law judge.

If the Subpoena is directed to me, personally, can someone else accept service on my behalf? A subpoena to a particular named person rather than the University can only be accepted by that person. ... State employees who are being subpoenaed for their everyday, percipient knowledge must be personally served.

A subpoena doesn't even need to be signed by a judge. A court clerk, prosecutor or even a private attorney can issue a subpoena to gather information. The worst part is that you don't even have to be involved in a criminal or civil case to get served with one.

You cannot "refuse to accept" a subpoena. The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her...