How to Domesticate an Out of State Subpoena in New York and New Jersey

Do you need to Domesticate and Serve an Out of State Subpoena in New York or New Jersey?

 

New York and New Jersey Foreign Subpoena Domestication and Service of Process

Do you need to domesticate an out of state subpoena (aka "foreign subpoena") and have it served in New Jersey pursuant to Rule 4:11-4?

Our on staff attorneys can draft and issue the subpoena for you same day and have it served right away. Call or email to have a subpoena domesticated and served in New York or New Jersey today! 

Notice to the Bar - Rule 4:11-4 - Testimony for Use in Foreign Jurisdictions​

What is a Subpoena? 

A subpoena is a document that orders a named individual to personally appear at a trial or hearing to:

1) give testimony (known as a Subpoena Ad Testificandum) or

2) to produce documents or objects to be used at a trial or hearing as evidence (known as a Subpoena Duces Tecum).

 

New Jersey Court Rule 1:9 governs the issuance of subpoenas. Court Rule 1:9-1 specifically states that “a subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.” [Emphasis added.] This means that it is acceptable for an attorney or party in an action to generate a subpoena and sign it in the name of the clerk, without having to submit the subpoena to the Superior Court Clerk’s Office for signature by the clerk. To access forms that may be used to issue subpoenas, click on the links below.

Subpoena Ad Testificandum – Use this subpoena when an individual's testimony at a trial or hearing is needed. 

Subpoena Duces Tecum – Use this subpoena when an individual's appearance and production of documents or other objects are needed at a trial or hearing. 

To issue a subpoena in a case being litigated in any U.S. state other than New York or New Jersey (referred to as a “foreign” state), you may either

(1) submit both a New York or New Jersey subpoena and a subpoena from the other state to an attorney authorized to practice law in New York or New Jersey, who will then issue the New YorkNew Jersey subpoena to the relevant party, or

(2) submit the subpoena to the Superior Court Clerk’s Office along with the filing fee at the address above. If you choose the second option, the Superior Court Clerk's Office will sign the subpoena and it will be returned to you for service on the relevant party – the Clerk’s Office will not serve the subpoena.

Disclaimer

Due to the rapidly changing nature of the law, there may be times when the material on this page is not current. We have made every effort to provide a complete and accurate list of rules governing the service of process in New Jersey. However, that we cannot guarantee the current accuracy of the above listed content, it is provided for general information purposes only and is not intended as legal advice. We assume no liability whatsoever and will not be held responsible directly or indirectly for any damages resulting from any errors, omissions, inaccuracies or your reliance on this partial list of rules.

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