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, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, 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 (The NJ Lawyer would sign the Clerks Name and Date the Subpoena. The NJ Lawyers information does not appear on the Subpoena)
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 on the NJ Subpoena Duces Tecum (documentation/evidence production) “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 (Please contact us for updated information with regard to physically appearing during the COVID Crisis)
  • #9. With Duces Tecum Subpoenas for records only, it is perfectly acceptable, even encouraged, for the records requested to be produced at your office “within 15 days of service”; as opposed to a specific date with issue and service time constraints.
  • #10. The NJ Superior Court Clerk requires a Subpoena Duces Tecum for records and an additional Subpoena Ad Testificandum if you want someone to appear to testify with the requested records. By way of example… if you want Jane Doe to appear for testimony and bring with her certain documents you will need to issue Jane Doe two subpoenas; 1 Ad Testificandum and 1 Duces Tecum. 
  • UPDATE (May 2023): If the foreign subpoena is prepared properly and the NJ Subpoena is in compliance, it is now acceptable to use a NJ Subpoena Duces Tecum to request an appearance and records
  • #11. 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
  • #12. Be advised we are now digitally submitting subpoenas to the Clerk. Depending on workload and availability often times the subpoenas, if correct, will be “domesticated” (issued/signed) by the clerk within 2 days to a week; the filing fee is slightly more expensive.

**The NJ Subpoenas found at the NJ Court web site are the ONLY NJ Subpoenas the clerk will accept. They must be modified for obvious reasons. 

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 $135.00, assuming it is non-rush, all documents are correct and it can be done electronically.

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.