Subpoena Duces Tecum - New Jersey Courts - judiciary state nj 2025

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Primary tabs. A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v.
If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.
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.
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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.
Service of a subpoena duces tecum is commonly done in the following ways by the subpoenaing party: Hand-delivered (also known as personal service); E-mailed to the last known e-mail address of the witness; or, Certified mail to the witness's last known address.
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.
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.
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.

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