LSNJLAW - How to Subpoena a Witness

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How to Subpoena a Witness

What is a Subpoena?

A Subpoena is an order sent from the clerk of the court to an individual directing that individual to come to court and testify on behalf of a particular party to a lawsuit. Because the clerks of the court are too busy to actually sign every Subpoena sent by one party to another party, the rules allow the attorney or other party to sign the name of the clerk in his or her place. The Subpoena must contain the following information:

The name of the court
The title of the law suit (also called the caption)
The docket number of the lawsuit
A command that the person to whom it is directed must appear and give testimony.
The exact date, time and place at which this testimony is to be given. Or, if the trial is expected to last more than one date the subpoena may indicate that the witness is to be available until the case is completed.

Types of Subpoenas and What They Mean

A Simple Subpoena demands that the witness come and testify. Here is a sample Subpoena.

A Subpoena Duces Tecum demands that a witness come and testify and bring certain documents related to the case with him or her to court. Here is a sample Subpoena Duces Tecum.

How to Serve a Witness with a Subpoena.

The Subpoena must be served on the person to whom it is directed at least 5 days before the date of the trial in which he or she is to testify.

Serving a person with the subpoena means to mail a copy of the subpoena by registered or certified mail, return receipt requested and at the same time by ordinary mail.

Sending something certified mail return receipt requested or registered mail means that you will get a receipt back. When the person to whom it is addressed receives the Subpoena he or she signs a receipt for it and sends it back to you. Sometimes a person will purposely not sign the receipt and send it back in order to avoid proof that he or she received the document. This is why you should also send the Subpoena by ordinary mail. If the letter sent by ordinary mail does not come back to you the law assumes that it made its way to the person living at the address that you sent it to.

Anyone over the age of 18 can serve a subpoena.

You may serve a witness at any place within the State of New Jersey with a Subpoena directing him or her to appear in a New Jersey court.

You must pay the witness a fee for traveling to and from the trial or hearing. As of September 2005 that fee is $2.00 per day for witnesses who live in the same county as that of the court, For witnesses who must travel from another county, the fee is an additional $2 per day for every 30 miles of travel.

The subpoena should be mailed to the person’s last known address.

SAMPLE SUBPOENA

Name:

                    (Tenant's name, address and telephone number)

Address:



Telephone:

Defendant Pro Se

                                SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - FAMILY PART
                                                                             COUNTY
(County where landlord tenant case was filed)
                          DOCKET NO.
    (Docket number of landlord tenant case)

Name:                                                                                                 (The Landlord is usually the plaintiff)

Plaintiff
Vs.

Name:                                                                                               (The Tenant is usually the defendant)
Defendant

CIVIL ACTION

SUBPOENA

                     The State of New Jersey, to:______________________
                       (Name and address of witness being commanded to appear)




YOU ARE HEREBY COMMANDED to attend and give testimony before

the above-named Court at the                                 County Courthouse,
                                        (County where case was filed)

Chancery Division, Family Part,
                                         (Address of the courthouse where the hearing will be held)



beginning on the                               day of                     , 20          at 9:00 A.M.

                               (Beginning date of the hearing)

and continuing until the close of the trial, including, if necessary, any and

all additional days beyond the beginning date, before the

Honorable
(Name of the judge who will hear your case if you know it)

on the behalf of plaintiff in the above-entitled action.

            Failure to appear according to the command of this subpoena will

subject you to a penalty, damages in a civil suit, and punishment for

contempt of Court.

                                                                        , Plaintiff, Pro Se

                                    (Your signature)

                                                                        , Plaintiff, Pro Se

                                (Your name printed)

(Below, sign the name “Theodore J. Fetter” and initial the signature with your initials)



                                                                        Theodore J. Fetter, Clerk

PROOF OF SERVICE

On _____________________________ , I, the undersigned, being
                  (County where case was filed)

over the age of 18, served the within subpoena by:

(Check the applicable statement)

____ 1. Mailing a copy there of

at

                               (Name and address of the witness)

  2. Hand delivering a copy thereof to

at

                               (Name and address of the witness)

Address of Service


(Address where the witness is to be served)

SAMPLE SUBPOENA DUCES TECUM

Name:

                    (Tenant's name, address and telephone number)

Address:



Telephone:

Defendant Pro Se

                                SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - FAMILY PART
                                                                             COUNTY
(County where landlord tenant case was filed)
                          DOCKET NO.
(Docket number of landloard tenant case)

Name:                                                                                               (The Landlord is usually the plaintiff)

Plaintiff
Vs.

Name:                                                                                               (The Tenant is usually the defendant)Defendant

CIVIL ACTION

SUBPOENA

                     The State of New Jersey, to:______________________
                       (Name and address of witness being commanded to appear)




YOU ARE HEREBY COMMANDED to attend and give testimony before

the above-named Court at the                                 County Courthouse,
                                        (County where case was filed)

Chancery Division, Family Part,
                                         (Address of the courthouse where the hearing will be held)



beginning on the                               day of                     , 20          at 9:00 A.M.

                               (Beginning date of the hearing)

and continuing until the close of the trial, including, if necessary, any and

all additional days beyond the beginning date, before the

Honorable
(Name of the judge who will hear your case if you know it)

on the behalf of plaintiff in the above-entitled action. You are futher

commanded to bring with you and produce at the sane time and place any

and all records, including photographs, related to the above matter.

            Failure to appear according to the command of this subpoena will

subject you to a penalty, damages in a civil suit, and punishment for

contempt of Court.

                                                                        , Plaintiff, Pro Se

                                    (Your signature)

                                                                        , Plaintiff, Pro Se

                                (Your name printed)

(Below, sign the name “Theodore J. Fetter” and initial the signature with your initials)



                                                                        Theodore J. Fetter, Clerk