NEW JERSEY FOREIGN DEPOSITION SUBPOENAS

Effective September 1, 2014, New Jersey joined the ranks of a majority of the states that have simplified the procedure for issuing foreign deposition subpoenas consistent with the Uniformed Interstate Deposition and Discovery Act (UIDDA).

UIDDA Participant States: Alabama, Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin

UIDDA provides that upon the presentation of a trial state court subpoena addressed to a witness setting forth what is being requested, and a service list of all counsel and/or unrepresented parties to an action, the clerk where the out-of-state witness is located, or where the deposition is to take place, would have the jurisdictional basis for the issuance of a foreign subpoena in the deposition state.

Click Here: Rule 4:11-4 Notice to the NJ Bar 

UIDDA/NEW JERSEY RULE COMPARSION

Quick Synopsis

New Jersey Court Rule 4:11-4(b) is, in concept, the same as the UIDDA, but has the following variations:

1. Allows licensed New Jersey Lawyers to issue Foreign Subpoena(s) – No $50.00 fee to clerk required
2. The other alternative is to issue a Foreign Subpoena along with a New Jersey Subpoena and have the NJ Subpoena signed/issued by the New Jersey Superior Court Clerk at: Richard J. Hughes Justice Complex, 25 W. Market Street, 6^th Floor North Wing,  PO Box 971, Trenton, NJ 8625-0971.

PLEASE ALLOW AMPLE TIME FOR COURT TO ISSUE SUBPOENA AND TO EFFECT SERVICE 

• • #1. Requires specific wording below the case number on the Foreign Subpoena – “FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11-4(b)”
  • #2. Uses foreign state caption and case number for Foreign and NJ Subpoenas
  • #3. Requires New Jersey Court listed on the New Jersey Subpoena, above the Docket/Foreign Case No.
  • #4. Requires specific wording, either on the NJ Subpoena Duces Tecum (documentation/evidence production) or attached thereto – “Provided that if you are notified that a motion to quash the subpoena has been filed, the subpoenaed evidence shall not be produced or released until ordered to do so by the court or the release is consented to by all parties to the action.”
  • #5. Requires a $50.00 filing fee check made payable to “Treasurer, State of New Jersey”
  • #6. The above documents issued to the clerk must include a service list of all counsel and/or unrepresented parties to an action
  • #7. NJ Deposition Subpoenas are required to be served 11 days prior to deposition/return date 
  • #8. Both the NJ Subpoena and your Foreign Subpoena must be returnable at the same place, date and time. Ad Testificandum Subpoenas requiring a person to appear must be returnable within the same NJ County that the person is served
  • #9. With Duces Tecum Subpoenas for records only it is perfectly acceptable, even encouraged, for the records requested be produced at your office “within 15 days of service”; as opposed to a specific date with issue and service time constraints.
  • #10. You would then serve the 1) Foreign Subpoena 2) NJ Subpoena 3) List of All Counsel and/or Unrepresented Parties to the Action 4) Information on Motion to Quash 5) Appropriate Witness Fee –  See NJ Witness Fees
  • #11 Be advised that depending on workload and availability often times the subpoenas must be left at the clerks office to be reviewed. If correct, they will then be “domesticated” (issued/signed) by the clerk. This can take from 2 days to 2 weeks and requires a return trip.

A NJ subpoena can be found by clicking here**: njcourts.gov

**The NJ Subpoenas found at the NJ Court web site listed above are the ONLY NJ Subpoenas the clerk will accept. They must be modified for obvious reasons. In the event you seek document production and an appearance the clerk requires two separate subpoenas; 1. Duces Tecum (document production) 2. Ad Testificandum (for testimony). Each subpoena requires a $50.00 fee to the clerk.

For an additional fee Callahan Lawyers Service will generate the NJ Subpoena for issuance provided the proper information is supplied in the foreign subpoena. Requested documents to be produced should be submitted as a separate “Exhibit”, in “MS Word” or in an email so the document request can be easily copied and pasted. 

Our fee to file the subpoena and have issued by the Clerk in Trenton is $85.00, assuming it is non-rush, all documents are correct and it does not require a return trip to the clerk’s office. 

The fee to create the NJ Subpoena, the service fee and witness fee are additional. 

Check List Of Documents Required by Clerk:

1. Signed Domestic Subpoena with originating court information, case number and wording above case number “FOR THE ISSUANCE OF A NEW JERSEY SUBPOENA UNDER NEW JERSEY RULE 4:11-4(b)”
2. Completely filled out NJ Subpoena (minus clerks signature) with court being “Superior Court of New Jersey”  “Law Division” and Docket # (use case number from your domestic subpoena)
3. Quash wording must be attached or incorporated into the NJ Subpoena Duces Tecum… “Provided that if you are notified that a motion to quash the subpoena has been filed, the subpoenaed evidence shall not be produced or released until ordered to do so by the court or the release is consented to by all parties to the action.”
4. Attachment with list of all counsel and/or unrepresented parties to the action
5. $50.00 filing fee check made payable to “Treasurer, State of New Jersey” for each NJ Subpoena to be issued.

Actual New Jersey Court  Rule: 4:11-4. Testimony for Use in Foreign Jurisdictions Can be found by clicking here NJ Court Rule 4:11-4

Click Here for additional Links to NJ Courts, Rules, Forms, etc

OTHER Relevant New Jersey Rules and Statutes

Subpoenas

• 1:9-2; R. 1:9-3; R. 1:9-4
• 4:14-7(a) content of subpoena

Advanced notice to non-party witness

• 4:14-7(c)

Geographic limitations

• 4:14-7(b) limitation on place of discovery

Filing & fees

• 1:5-6 court filing; notice to the Bar re: attorney issued subpoenas
• 1:43 court filing and other fees established pursuant to NJSA 2B:1-7

Motions

• 4:10-3 protective orders
• 4:14-4 Motion to terminate or limit
• 4:23-1 Motion to compel

Fee and Compensation

• NJSA 22A:1-4 Witness and mileage fees
• 4:14-7(b)(1) Fact witness compensation
• 4:14-7(b)(2) Expert witness compensation

Disclaimer: Codes listed may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

WE ARE NOT LAWYERS AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS LEGAL ADVICE  IN ANY FORM

Service on a business entity via the New Jersey Department of Treasury

2A:15-30.1 Service of process on business entity; substituted service.
1.a. If a business entity, foreign or domestic, is required to register with a State official or agency to transact business in this State and is required to register an address or an agent in this State for the service of process, process in any action in any court of this State directed to the business may be served at the address or on the agent registered.

1.b. If a business entity, foreign or domestic, is required to register with a State official or agency to transact business in this State and is required to register an address or an agent in this State for the service of process, process in any action in any court of this State directed to the business may be served on the State official or agency, if:

(1)The business entity has failed to register or re-register as required by law; or

(2)The business entity has failed to maintain a registered address or a registered agent in this State for service of process, as required by law.

c. The official or agency upon which substituted service has been made, within two days after service, shall notify the business entity to which the process was directed, by a letter to its registered office, if any, or to any officer of the entity known to the official or agency. A copy of the process or other paper served shall be enclosed with the letter.

d. Service of process as provided in subsection (a) shall be as effective in any action as if the business entity had entered its general appearance in the action.

The following is required in order for the New Jersey Department of Treasury to accept service of process.

Please note unlike most other states NJ Corporate Records are managed by the Department of Treasury and NOT the Secretary of State. 

1. A search must be completed at NJ Dept of Treasury – Status Lookup  where you will discover if the corporation / LLC, etc. is registered with the NJ Dept. of Treasury and obtain a printout of the “Status Report”. If requested we will conduct the search for $45.00, plus costs.
2. Service MUST then be attempted at whatever address the Dept. of Treasury has on file in the Status Report. Even if the address(s) is 10 or 20 years old… service must be attempted at the address on file in the Status Report
3. If service can not be effected because the address(s) on file are no longer valid or other rational reason, only then will service be accepted by the NJ Dept. of Treasury.
4. The following must be served on the Dept. of Treasury along with the documents for service;
   • Copy of the Status Report,
   • An Affidavit of Attempted Service showing attempts at least at the address listed on the Status Report
   • A check payable to “Treasurer State of New Jersey” in the amount or $25.00 for corporations ($75.00 for LLC’s)

Feel free to contact us with any question or comments – 201-489-2245

Disclaimer: Codes listed may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Up against a deadline or just want to be certain your documents have been filed correctly? We will have your important documents filed with the proper court on time, every time.

Can’t find a person or company; let us arrange locating them. If they are not found there is no fee.

When your High Priority Documents, briefs or whatever need to be delivered in a timely fashion, we will get it done.

Call us from court, we will prepare the subpoena and get it served.

Specific pleadings or the entire case copied at the courthouse and shipped or emailed to you.

We routinely inspect residential and commercial properties. We not only assess the property and submit digital photos but we check with neighbors and verify whether the properties are vacant or not. Many collection firms have us check on defendants addresses to verify they are still in business before spending large sums of money preparing and filing complaints.

After a subpoena for documents is served, we return to the address and either photocopy, scan or retrieve the supoenaed documents and forward them off to you by express courier, mail or email.

When you need documents signed and notarized at any location, we will meet the signor at their convenience, notarize the documents and, when required, return documents to your office.

We are located a block from the Bergen County Courthouse and have conference rooms available for hourly rental. The conference rooms accommodate 8 to 10 people.