How to Serve a Subpoena in New Jersey

A subpoena requests the attendance of a witness in a New Jersey courtroom.

A subpoena is a court document requesting the attendance of a witness at trial. At trial, the witness will testify under oath about some matter related to the case. Referred to as service, handing a copy of the subpoena to a witness provides notice to the witness of the date and time the witness must appear at trial. In addition, a subpoena may request that the witness provide documents at the trial. In New Jersey, the New Jersey Rules of Civil Procedure govern how to serve a subpoena on a witness.

Instructions

1. Hire a process server, or arrange for someone to serve the subpoena on the witness. In New Jersey, anyone the age of 18 or over can serve a subpoena. In addition, a sheriff or other designated individual can deliver a subpoena in person; however, a party to the lawsuit or an attorney of record may not.

2. Hand the witness a copy of the subpoena. A party can serve a subpoena requiring the attendance of a witness at a trial at any place within the State of New Jersey, including the witness's home or place of work. Serve the subpoena at least five days prior to trial.

3. Pay the witness any applicable fees necessary for the witness to appear. In a civil case, the party requesting the witness's attendance must pay the witness an attendance fee in addition to reimbursing the witness for any mileage expenses at the time the party serves the witness with the subpoena. In a criminal case, the witness receives payment for appearing at trial after the witness completes the testimony in the case.

References

• Oregon State Bar: What is a Subpoena?
• New Jersey Courts: Rule 1,9 Subpoenas