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In New Jersey, parties must personally serve the witness with a subpoena unless the witness waives personal service of a subpoena duces tecum (N.J. R....Service Methods on the Parties Hand delivery, which counsel may accomplish by: ... Ordinary mail to an attorney at the attorney's office.
A subpoena which seeks only the production of documents or records may be served by registered, certified or ordinary mail and, if served in that manner, shall be enforceable only upon receipt of a signed acknowledgment and waiver of personal service.
If possible, the subpoena should be served at least five days before the hearing date. The subpoenaed witness must be paid $2 per day and, if the witness does not live in the county where the hearing will be held, $2 for every thirty miles of travel between the witness' home and the hearing location.
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
Duces tecum in Latin means, \u201cyou shall bring with you.\u201d This case from California, explains that \u201ca subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum.
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The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
Under the UIDDA, those who wish to serve out-of-state subpoenas in NJ must simply submit the foreign subpoena to a county clerk. The clerk will then reissue a subpoena that outlines the same terms covered in the original subpoena. Once complete, the documents can be served to the intended recipients.
If defendant does not answer or appear within 60 days following mailed service, service shall be made as is otherwise prescribed by this rule, and the time prescribed by R. 4:4-1 for issuance of the summons shall then begin to run anew. Note: Source - R.R. 4:4-4. (4) as may be provided by court order.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
In this jurisdiction, there are two (2) kinds of subpoena, to wit: subpoena ad testificandum and subpoena duces tecum. The first is used to compel a person to testify, while the second is used to compel the production of books, records, things or documents therein specified.

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