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Subpoena Toolkit (NJ)
Practical Law Toolkit w-041-6217 (Approx. 5 pages)
Resources to assist counsel with issuing and responding to a subpoena ad testificandum or duces tecum that a party serves on a non-party during pre-trial discovery or for trial in the New Jersey Superior Court, Law Division, Civil Part or in a non-foreclosure action in the Chancery Division, General Equity Part. Specifically, this Toolkit includes links to resources for parties drafting, issuing, serving, and enforcing a subpoena, as well as to resources for non-parties objecting and responding to a subpoena, including moving to quash or modify the subpoena.
Parties use subpoenas to obtain testimony (subpoena ad testificandum) and documents (subpoena duces tecum) from non-party individuals or entities in civil actions. Parties may use subpoenas during pretrial discovery (discovery subpoenas) or for trial (trial subpoenas). (N.J. R. 1:9-1, 1:9-2, and 4:14-7(c).)
For a party issuing and serving a subpoena on a non-party, this Toolkit contains links to resources that provide guidance on:
- When to use a subpoena.
- Who has authority to issue a subpoena.
- Drafting, serving, and enforcing a subpoena.
For a non-party served with a subpoena, this Toolkit contains links to resources that provide guidance on:
- Complying with a subpoena.
- Objecting to a subpoena.
- Making a motion:
- to quash or modify a subpoena; or
- for a protective order.
- The consequences of disobeying a subpoena.
The resources in this Toolkit provide guidance on subpoena practice in actions pending in the New Jersey Superior Court:
- Law Division, Civil Part, including in the Complex Business Litigation Program.
- Chancery Division, General Equity Part in non-foreclosure actions only.
For more on New Jersey courts, see Practice Note, State Court Structure (NJ).
For resources on drafting, serving, objecting to, and responding to written discovery requests that parties serve on other parties, see Written Discovery Toolkit (NJ).