Serving Subpoenas in New Jersey

Subpoenas are legally binding documents that are used to compel an individual or organization to appear in court or provide documents and testimony. Subpoenas are issued by a court or a lawyer and they can be used in both criminal and civil cases. In New Jersey, there are specific rules and regulations regarding how subpoenas are served.

Who Can Serve a Subpoena?

In New Jersey, subpoenas must be delivered by an officer authorized to serve process or by another person over the age of 18 who is not a party to the action. The person serving the subpoena must be authorized to do so by the court or an attorney.

How is a Subpoena Served?

Subpoenas must be served in person. The person serving the subpoena must deliver a copy of the document to the individual or organization it is directed at. The subpoena must be handed to the individual or an authorized agent of the organization. If the individual or organization is unavailable, the subpoena may be affixed to the front door of the residence or place of business.

How Long Does the Subpoena Recipient Have to Comply?

In New Jersey, the recipient of the subpoena must comply within 10 days of receiving the document. If the recipient fails to comply, the court may impose a fine or jail time.

What Happens if the Recipient Does Not Comply with the Subpoena?

If the recipient fails to comply with the subpoena, the court may issue a contempt citation. This citation can lead to a fine or jail time, depending on the severity of the situation.

Serving subpoenas in New Jersey is a complex process that requires a thorough understanding of the laws and regulations in the state. It is important to have an experienced attorney on your side to ensure that the process is carried out properly and that your rights are protected.