Under Rule 4:11-4(b), a court rule, the foreign subpoena is submitted with a New Jersey subpoena we prepare. Our attorney then issues it, faster than the court clerk route. Served 123 LLC handles the steps to domesticate a subpoena in New Jersey.
What to Send Us
The date, place and counsel list can go in Special Instructions.
Every New Jersey Order Includes
Skip tracing is available if the address turns out to be bad.
Every New Jersey County
In all 21 counties, our New Jersey attorney issues the subpoena, so you need no New Jersey counsel of your own. It comes at no extra cost and moves faster than the court clerk route. The finder and directory show where a motion would go.
Records-Only Subpoena
New Jersey discovery has no stand-alone records subpoena. Production goes with a deposition, and nothing is released before that date. Patient records also bring a federal privacy rule into play.
New Jersey Subpoena Domestication Order
Our quote covers document preparation, issuance by our attorney at no extra cost, any clerk’s fee and service if ordered.
Rule 4:11-4(b) works through the state’s general subpoena rules, R. 4:14-7 and R. 1:9. These four stops take an out-of-state subpoena to a witness anywhere in the state.
Your side adds this line below the case number on the foreign subpoena, as subparagraph (b)(1) requires: “For the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4 (b)”.
We prepare the New Jersey subpoena in the name of the Clerk of the Superior Court with every item (b)(3) lists, and our New Jersey attorney issues it, at no extra cost and faster than the Clerk route, with no New Jersey counsel of your own.
Our server delivers a copy to the witness with the tender, and we advance any tender owed on your quote; your side serves the parties at the same time, at least 10 days out.
Our server certifies the delivery and the fee, and the proof comes back to you with the served copy.
These are the words of the rule, subparagraphs (1) through (6), as the Judiciary publishes them: how the papers go in, what a request does, what the subpoena holds, service, production and motions.
Whenever the deposition of a person is to be taken in this State pursuant to the laws of a foreign state for use in connection with proceedings there, an out-of-state attorney or party may submit a foreign subpoena along with a New Jersey subpoena, in the name of the Clerk of the Superior Court, which complies with subparagraph (3) to an attorney authorized to practice in this State or to the Clerk of the Superior Court or designee. The foreign subpoena must include the following phrase below the case number: “For the Issuance of a New Jersey Subpoena Under New Jersey Rule 4:11-4 (b)” and shall be submitted to the Clerk of the Superior Court. It shall be treated as a miscellaneous matter and the fee charged shall be pursuant to R. 1:43.
A request for the issuance of a subpoena does not constitute an appearance in the courts of this State. A request for the issuance of a subpoena does create the necessary jurisdiction in this State to enforce the subpoena; to quash or modify the subpoena; to issue any protective order or resolve any other dispute relating to the subpoena; to impose sanctions on the attorney or party requesting the issuance of the subpoena for any action which would constitute a violation of the Rules Governing the Courts of the State of New Jersey, including the Rules of Professional Conduct; and to take such other action as may be appropriate.
A subpoena under this subsection shall: state the name of the New Jersey court issuing it and comply with the requirements of R. 4:14-7; incorporate the terms and conditions used in the foreign subpoena to the extent those terms and conditions do not conflict with R. 4:14-7; advise the person to whom the subpoena is directed of that person’s right to move to quash or modify the subpoena or otherwise move under R. 4:10-3, R. 4:14-4. R. 4:23-1 or any other Rules Governing the Courts of the State of New Jersey that are applicable to discovery; contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and bear the caption and case number of the foreign case to which it relates, identifying the foreign jurisdiction and the court where the case is pending.
Served 123 LLC prepares each item Rule 4:11-4(b)(3) lists before our New Jersey attorney issues the subpoena.
Get a Free Quote Online →A subpoena issued by an attorney authorized to practice in this State or by the Clerk of the Superior Court must be served in compliance with R. 1:9-3 and R. 1:9-4.
The provisions of R. 1:9-2 apply to a subpoena issued under this section. As required by R. 4:14-7(c), a subpoena commanding a person to produce evidence for discovery purposes may be issued only to a person whose attendance at a designated time and place for the taking of a deposition is simultaneously compelled. The subpoena shall state that the subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition and that if the deponent is notified that a motion to quash the subpoena has been filed, the deponent shall not produce or release the subpoenaed evidence until ordered to do so by the court or the release is consented to by all parties to the action. The subpoena shall be simultaneously served no less than 10 days prior to the date therein scheduled on the witness and on all parties. Depositions and other discovery taken pursuant to the rule shall be conducted consistent with and subject to the limitations in the Rules Governing the Courts of the State of New Jersey, including the Rules of Professional Conduct, and all other applicable laws of this State.
A motion or an application to the court for a protective order or to enforce, quash, or modify a subpoena issued by an attorney authorized to practice in this State or by the Clerk of the Superior Court under section (b) must comply with the rules and statutes of this State and be submitted to the court in the county in which discovery is to be conducted or the deponent resides, is employed or transacts business. It must be filed as a miscellaneous matter bearing the caption that appears on the subpoena. The following phrase must appear below the case number of the newly filed matter: “Motion or Application Related to a Subpoena Issued Under R. 4:11-4(b).” Any later motion or application relating to the same subpoena must be filed in the same matter.
The Appellate Division decided Alternative Global One, LLC v. Feingold, No. A-2066-23 (N.J. Super. Ct. App. Div., Oct. 30, 2024), after the plaintiffs in an out-of-state action “served a subpoena ad testificandum on appellant to depose him in New Jersey pursuant to Rule 4:11-4(b), seeking only his deposition.” It affirmed the denial of his motion to quash and for a protective order. On contents: “Subparagraph 3 of Rule 4:11-4(b) enumerates the mandatory contents of a subpoena issued pursuant to that rule. It does not require the party seeking the deposition to identify ‘the areas of anticipated questioning.’” It added: “Nothing in this opinion precludes the interposition of appropriate objections at the deposition on a question-by-question basis.”
New Jersey has no uniform act statute. In Catalina Marketing Corp. v. Hudyman, Nos. A-3044-18T4 and A-3651-18T4 (N.J. Super. Ct. App. Div., June 25, 2019), a case running the other way, on Rule 4:11-5, the court wrote: “We reject defendant’s assertion that New Jersey has not adopted, at least in part, the UIDDA.” No reported New Jersey appellate decision has yet interpreted the Clerk route or the required line of Rule 4:11-4(b)(1).
Official texts: New Jersey Rules of Court; N.J.S.A. 22A:1-4; N.J. Const. art. VI, § 2; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the New Jersey subpoena, our New Jersey attorney issues it at no extra cost, and we have it served under Rule 1:9-3.
Get a Free Quote Online →Subparagraph (b)(4) sends service to R. 1:9-3 and R. 1:9-4. These cards follow it through: who serves, the tender, delivery, attendance limits, fees, the parties, proof and motions. For a summons or other court papers, see process service in New Jersey.
Rule 1:9-3 sets the test: “A subpoena may be served by any person 18 or more years of age.” It asks for no appointment, and it does not require a sheriff. Our server meets that test.
R. 4:11-4(b)(4); R. 1:9-3Tender is part of service under Rule 1:9-3, not a later step. The Judiciary’s proof form has the server record it, and we advance any tender owed on your quote.
R. 1:9-3; Judiciary proof formService means “delivering a copy thereof to the person named together with tender of the fee allowed by law.” Mail is narrower: “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.” A deposition command is outside that sentence, and Rule 4:14-7(c) ties a discovery production to one.
R. 1:9-3; R. 4:11-4(b)(5)A resident attends “only at a reasonably convenient time and only” in “the county of this State in which he or she resides, is employed or transacts business in person,” or “at a location in New Jersey within 20 miles from the witness’s residence or place of business,” or “at such other convenient place fixed by court order.” A nonresident subpoenaed here attends “only in the county in which he or she is served, at a place within this State not more than 40 miles from the place of service,” or at a place a court order fixes.
R. 4:14-7(b)(1)N.J.S.A. 22A:1-4 covers a witness before “an officer taking a deposition”: “Each witness attending any of the following, in his own county, per day of attendance, $2.00.” Outside that county: “Each witness so attending from a foreign county, at the rate of $2.00 a day, together with, for each day of attendance, an allowance of $2.00 for every 30 miles of travel in going to the place of attendance from his place of residence and in returning.”
N.J.S.A. 22A:1-4Subparagraph (b)(5) has no separate notice step: service on the witness and service on all parties happen at the same time, at least 10 days before the scheduled date. We serve the witness; the rule names no one for the parties, so your side serves them on that same schedule and tells us the day it goes out. Rule 1:3-1 moves a period that ends on a weekend or holiday, and how it treats a count running backward is not settled, so pick a date that leaves room for both services to go out.
R. 4:11-4(b)(5); R. 1:3-1The Judiciary’s Superior Court subpoena form carries the wording: a person “being over the age of 18, served the attached subpoena by delivering a copy to” the witness. Rule 4:11-4 requires no filing after service. Our server’s proof comes back to you.
Judiciary proof form; R. 4:11-4(b)Under Rule 4:14-7(b)(1), the party subpoenaing a witness, “other than one subject to deposition on notice, shall reimburse the witness for the out-of-pocket expenses and loss of pay, if any, incurred in attending at the taking of depositions.” Your side settles that with the witness.
R. 4:14-7(b)(1)A motion to enforce, quash or modify, or for a protective order, goes to a county court the rule picks by the deposition or the deponent, as (b)(6) sets out. It opens a miscellaneous matter, and the rule’s phrase goes below the case number. The county finder lists each office.
R. 4:11-4(b)(6)Rule 1:9-2 gives the test: “The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive.” The rule sets no day count, and a witness told a motion is on file holds the evidence, as (b)(5) requires.
R. 1:9-2; R. 4:11-4(b)(5)Served 123 LLC handles the Rule 1:9-3 service, the tender and the server’s proof.
Get a Free Quote Online →A records command here rides on a deposition, stays held until the date, and meets state privilege statutes and the federal privacy rule when it reaches medical files.
Rule 1:9-2 lets a subpoena reach “books, papers, documents, electronically stored information, or other objects,” and then points back: “subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).” So a production command needs a deposition command beside it, for the same person.
R. 1:9-2; R. 4:11-4(b)(5)The hold wording in (b)(5) belongs on the subpoena itself. A witness may still produce without attending. Then the parties who receive it “shall forthwith provide notice to all other parties of the receipt thereof and of its specific nature and contents, and shall make it available to all other parties for inspection and copying.”
R. 4:11-4(b)(5); R. 4:14-7(c)On a motion to quash, the court “may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed.” A broad records command can come back as a bill for your side, set by the court. The same sentence lets the court “quash or modify” the command when compliance “would be unreasonable or oppressive.”
R. 1:9-2A hospital or clinic answers to federal law. With a court order it may disclose “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order.” A subpoena not accompanied by an order is different: under (e)(1)(ii) the holder needs satisfactory assurance from the party seeking the records of “reasonable efforts” to give the patient notice or to secure a qualified protective order.
45 C.F.R. § 164.512(e)(1)(i)–(ii)For the notice route, the holder looks to (e)(1)(iii). First: “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice to the individual’s last known address);” next, “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal;” last, “The time for the individual to raise objections to the court or administrative tribunal has elapsed,” and either “No objections were filed” or “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”
45 C.F.R. § 164.512(e)(1)(iii)Under (e)(1)(iv), two situations qualify: “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute” or “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.” Under (e)(1)(v), the qualified order “Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested” and “Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”
45 C.F.R. § 164.512(e)(1)(iv)–(v)The last paragraph lets the holder skip those assurances: “a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(v) of this section.”
45 C.F.R. § 164.512(e)(1)(vi)N.J.S.A. 2A:84A-22.2 opens: “Except as otherwise provided in this act, a person, whether or not a party, has a privilege in a civil action or in a prosecution for a crime or violation of the disorderly persons law or for an act of juvenile delinquency to refuse to disclose, and to prevent a witness from disclosing, a communication, if he claims the privilege and the judge finds that (a) the communication was a confidential communication between patient and physician, and (b) …” Conditions (b) through (d) and the statute’s exceptions also apply.
N.J.S.A. 2A:84A-22.2N.J.S.A. 26:5C-9: “The record of a person who has or is suspected of having AIDS or HIV infection may be disclosed by an order of a court of competent jurisdiction which is granted pursuant to an application showing good cause therefor.” A hearing without the program is a problem too: the court denies an application “unless the court makes a specific finding that the program was afforded the opportunity to be represented at the hearing.” The statute names an order, not a subpoena.
N.J.S.A. 26:5C-9Records identifying a person served in a Title 30 noncorrectional institution “shall be kept confidential and shall not be disclosed by any person, except insofar as:” the statute lists. Two exceptions matter here: “the individual identified or his legal guardian, if any, or, if he is a minor, his parent or legal guardian, shall consent,” or “a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest.”
N.J.S.A. 30:4-24.3Served 123 LLC prepares and serves a New Jersey subpoena that commands attendance and production.
Get a Free Quote Online →Each of these points comes from the text of the rule or the rules it calls in.
Before service, we check the subpoena we prepare and the service plan against the rule and raise anything that needs your input. A motion comes later; we tell you which county’s court hears it.
Search or pick a county. No county clerk issues this subpoena; the county matters if a motion follows, and the directory below lists all 21 Civil Division locations.
No county clerk issues the subpoena; these offices are where a motion under the rule goes. The New Jersey Courts Civil Division directory lists each office by county.
How Delaware, New York and Pennsylvania treat a foreign subpoena beside New Jersey’s rule: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” is New Jersey’s rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act or Rule Adopted | Local Attorney Required by the Act or Rule | Who Issues |
|---|---|---|---|
| New Jersey | N.J. Court Rule 4:11-4(b) (eff. Sept. 1, 2014) | No | A New Jersey attorney or the Clerk of the Superior Court |
| Delaware | 10 Del. C. § 4311 (eff. July 12, 2010) | Check | Superior Court Prothonotary, discovery county |
| New York | N.Y. CPLR 3119 (2011) | No | County clerk, discovery county (or a New York attorney) |
| Pennsylvania | 42 Pa.C.S. §§ 5331-5337 (Act 183 of 2012) | No | Prothonotary where the witness resides, works or does business |
Each answer cites the New Jersey rule, statute or official source it rests on. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Under Rule 4:11-4(b), you pair the foreign subpoena with a New Jersey one, and either a New Jersey attorney or the Clerk of the Superior Court issues it. Your side adds the rule’s line below the case number; our attorney issues the subpoena, and we serve it when you order service. The route shows the four stops.
Not as a statute. New Jersey took the court-rule road, so the cite is Rule 4:11-4(b), never a section of the code. In a 2019 published opinion the Appellate Division rejected the argument that the state “has not adopted, at least in part, the UIDDA.” See the rule section for the text the court works from.
Through the Clerk of the Superior Court or designee, which the rule opens to an out-of-state attorney or party, and Rule 4:11-4(b)(2) says the request is not an appearance. Every order we take goes through our New Jersey attorney, so you do not have to find one. See the rule section.
The rule stopped naming one in 2016. Before that it named the clerk where discovery was sought; it now reads “Clerk of the Superior Court or designee,” and it names no county for issuance. County matters later, for a motion, and the county finder shows where one would go.
Rule 4:11-4(b)(3) lists five: the issuing court, the foreign terms that fit Rule 4:14-7, the right to move to quash or modify, the counsel list, and the foreign caption and case number. Subparagraph (b)(5) adds the production-hold wording. We prepare the subpoena with each of these. The rule section quotes the list.
Not for a discovery subpoena. That form commands a person to appear in person before the Superior Court, so it is a trial form. Discovery runs on (b)(3) instead. Rule 4:11-4(b) prescribes no form of its own, and we prepare the subpoena for each order. The rule section sets out what it holds.
Not a sheriff in particular. Rule 1:9-3 lets any person 18 or older serve it, and Rule 4:11-4(b)(4) sends service to that rule and Rule 1:9-4. The fee goes with the delivery. See Any Person 18 or Older for the wording. Our server handles the delivery and returns proof of it.
Rule 1:9-3 allows mail only for a subpoena seeking just documents or records, and it is enforceable only with a signed acknowledgment and waiver of personal service. A discovery subpoena under Rule 4:11-4(b) compels attendance at a deposition too, so plan on hand delivery with the fee. See Hand Delivery, With Mail Conditioned.
It counts back from the scheduled date and binds both services, under Rule 4:11-4(b)(5). Leave time for a witness who is hard to find, because a failed attempt uses up those days. Give us the date when you order, and we will tell you if it is too tight. See the same-clock card.
Rule 4:11-4(b)(5) requires service on all parties at the same time as the witness, and it names no one to do it. Your side serves the parties, since you hold the case’s service list, and tells us the day it goes out. See Witness and Parties on the Same Clock.
Not to a New Jersey court, since Rule 4:11-4 calls for no filing once service is done. The Judiciary’s subpoena form has a proof section in which the server certifies delivery and the fee, and our server’s signed proof comes to you. Keep it with your case file, because it shows the date you may need if the witness does not appear.
Residence draws the line under Rule 4:14-7(b)(1). One list of places binds a New Jersey resident, another binds a nonresident subpoenaed here, and each ends with a place a court order fixes. The 20-mile option is a resident’s; for a nonresident, 40 miles runs from the place of service, beside “the county in which he or she is served.” See the attendance card for the text.
In the court of the county where discovery is to be conducted or where the deponent resides, is employed or transacts business, under Rule 4:11-4(b)(6). It is filed as a miscellaneous matter with the rule’s phrase below the case number, and any later motion stays in that matter. See Where a Motion Goes.
Not on relevance alone, says a 2024 published opinion, quoting earlier law, on a Rule 4:11-4(b) subpoena: “a nonparty deponent may not assert lack of relevancy or materiality since he has no real interest in the outcome of the pending litigation.” It left room for objections question by question. The rule section covers the opinion.
Only as to the subpoena. The request stays short of an appearance, yet Rule 4:11-4(b)(2) lets the court here enforce, quash or modify the subpoena, issue protective orders and sanction the requesting attorney or party. The rule section quotes the full text.
The rules tie the two together: Rule 4:11-4(b)(5) repeats Rule 4:14-7(c), so a production command goes only to a person whose attendance at a deposition is compelled at the same time. The witness may still produce without attending, and the evidence stays held until the deposition date. See Nothing Moves Before the Deposition Date.
State statutes include these. N.J.S.A. 2A:84A-22.2 sets a physician-patient privilege, N.J.S.A. 26:5C-9 requires a court order on good cause for AIDS and HIV records, and N.J.S.A. 30:4-24.3 requires consent or a court’s direction for Title 30 records. The federal privacy rule adds its own steps. See the records section.
No. Our New Jersey attorney issues the subpoena under Rule 4:11-4(b)(1) on every order we take, and that issuance is part of your written quote. Nobody on your side has to retain a New Jersey lawyer to have it issued. The wait is also shorter than on the Clerk route. See the rule section.
No amount appears in the rule itself: subparagraph (b)(1) sends the fee to “R. 1:43,” as the rule section quotes. Any clerk’s fee is already inside the written quote you get from us, next to our New Jersey attorney’s issuance, so no fee question lands on you.
N.J.S.A. 22A:1-4 sets $2.00 a day in the witness’s own county. A witness from another county adds a travel allowance by the mile, which the card quotes. Your quote carries any amount owed, advanced by us. Lost pay and out-of-pocket expenses are a separate duty your side owes; the witness fee card quotes the statute.
Rule 1:9-2 gives no day count; it asks for a motion “made promptly.” The evidence is held meanwhile: once notified of a motion to quash, the deponent does not produce until the court orders it or all parties consent, under Rule 4:11-4(b)(5). See Unreasonable or Oppressive, and plan the 10-day period with that delay in mind.
Only in part. Its terms carry over so far as they do not conflict with Rule 4:14-7, under Rule 4:11-4(b)(3). The date still has to leave at least 10 days for service on the witness and all parties, as the same-clock card shows. If your date falls inside that window, change it before you order; we use the date you give.
Your side does. Rule 4:14-7(b)(1) makes one exception, a deponent subject to deposition on notice; for any other fact witness, your side reimburses those costs. The rule says “if any,” so a witness with no lost pay or expenses is owed none. See Lost Pay and Out-of-Pocket Costs for the rule’s words.
One written quote covers document preparation, issuance by our New Jersey attorney at no extra cost, any clerk’s fee and service, when you order service.
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