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Discovery Of NJ Resident By Out Of State Attorney For Out Of State Litigation (packet) 10518 - New Jersey
| Discovery Of NJ Resident By Out Of State Attorney For Out Of State Litigation (packet) Form. This is a New Jersey form and can be used in Civil Division Statewide . |
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CIVIL-LAW Foreign Litigation May 2007 INFORMATION FOR OUT-OF-STATE ATTORNEYS ON THE PROCEDURE TO PURSUE DISCOVERY OF A NEW JERSEY RESIDENT FOR USE IN OUT-OF-STATE LITIGATION (Superior Court of New Jersey - Law Division) PURPOSE OF THIS PACKAGE Where foreign litigation requires a non party witness' written interrogatory answers, oral deposition or the production of a thing or writing, and the witness, located in New Jersey, will not voluntarily answer interrogatories, appear at an oral deposition or produce a thing or writing, the employment of the power of New Jersey's courts to aid foreign litigation may be requested. New Jersey's Court Rules provide a procedure to issue the necessary process through an ex-parte application. A New Jersey-licensed attorney may apply to the Superior Court ex parte with a pleading designated "A Petition Pursuant to R. 4:11-4." The petition requests that the New Jersey Superior Court exercise its judicial power and issue the necessary process to effectuate the foreign court's decree concerning an out-of-state discovery. The New Jersey attorney will file the petition, a proposed form of order and the appropriate filing fee with the Superior Court Clerk. Although not explicitly addressed in the Court Rules, venue should be in the county where the witness resides or works. A Commission, Letters Rogatory or other similar judicial certificate issued in the forum state must support the petition. This package provides information for an out-of-state attorney on New Jersey's procedure for directing a New Jersey resident to comply with discovery requests for use in litigation in another state. Note: These materials have been prepared by the New Jersey Superior Court Clerk's Office and the Administrative Office of the Courts. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (www.njcourtsonline.com). However, you are ultimately responsible for the content of your court papers. Revised 5/2007, CN 10518 English Page 1 The numbered steps listed below outline the procedure for obtaining a subpoena to pursue discovery of a New Jersey resident for use by an out-of-state attorney in use in another jurisdiction. STEP 1: REVIEW AND COMPLY WITH THE REQUIREMENTS OF THE FORUM STATE TO PURSUE DISCOVERY OUT-OF-STATE. Obtain a Commission or Letters Rogatory under the seal of the appropriate court clerk or public official authorized in the forum state to issue such a document. STEP 3: UPON RECEIPT OF THE SIGNED ORDER AND SUBPOENA, HAVE THE NEW JERSEY ATTORNEY SERVE THE SUBPOENA OR NOTICE IN LIEU OF SUBPOENA. If the witness resists the subpoena or fails to appear, then the New Jersey attorney may defend its issuance or apply to the court for appropriate sanctions, as the case may be. STEP 2: RETAIN A NEW JERSEYLICENSED ATTORNEY TO PETITION THE SUPERIOR COURT OF NEW JERSEY FOR AN ORDER AUTHORIZING THE ISSUANCE OF A SUBPOENA COMMANDING THE NEW JERSEY RESIDENT TO ANSWER WRITTEN INTERROGATORIES OR TO APPEAR AT AND SUBMIT TO A DEPOSITION. The New Jersey attorney will file with the Superior Court, Law Division in the county in which the witness resides, an ex parte petition (Form A), a proposed form of order (Form B), and a proposed subpoena There is a $30.00 fee which may be paid by money order or check made payable to "Treasurer, State of New Jersey." Note: Out-of-state counsel should consult their state's court rules concerning the need to serve the out-of state witness with a notice of a deposition or a judicial subpoena from the forum state. If required, counsel should attach the same to the Commission, Letters Rogatory or other judicial certificate. The time, date and place of the deposition should be indicated in the petition. The location of the deposition must be in the county where the person to be deposed lives, works or does business. Revised 5/2007, CN 10518 English Page 2 Sample forms for the petition and order follow. Note: The New Jersey Administrative Office of the Courts has prepared these materials to give out-of-state attorneys insight into the New Jersey's procedure. Retained New Jersey counsel is ultimately responsible for the content of the pleadings filed and, therefore, New Jersey legal counsel must tailor any pleading to the facts, circumstances and New Jersey statutes and court rules then in effect. REFERENCES: Court Rule 1:5-6 Court Rule 1:9-1 Court Rule 1:9-2 Court Rule 1:9-5 Court Rule 1:9-6 Court Rule 1:21-1 Court Rule 4:11-4 Court Rule 4:12-1 Court Rule 4:14-7 N.J.S.A. 22A:2-7 Filing Subpoenas; For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena For Production of Documentary Evidence; Notice in Lieu of Subpoena Failure to Appear Enforcement of Subpoena of Pubic Officer or Agency Who May Practice; Appearance in Court Testimony for Use in Foreign Jurisdictions Persons Who May Take Depositions; Within State Subpoena for Taking Depositions Law Division of Superior Court, Other Fees Revised 05/2007, CN 10518 English Page 3 FORM A Superior Court Of New Jersey Law Division County Attorney Name Docket No. Attorney Street Address Town, State, Zip Code Attorney Telephone Number CIVIL ACTION I/M/O APPLICATION FOR THE ISSUANCE OF A SUBPOENA TO EX-PARTE PETITION FOR ISSUANCE OF SUBPOENA PURSUANT TO COURT RULE 4:11-4 Petitioner issue a Rule 4:11-4 subpoena, hereby certifies and says: 1. I have been retained as local counsel by the firm of in an action in the State of , plaintiff(s), v. . A Commission was issued out of the , applying for the authority to , in their , defendant(s), bearing capacity as attorney for captioned docket number 2. Court of the State of , authorizing the [deposition on oral testimony] [deposition on written interrogatory] [a subpoena duces tecum for the production of things or documents] of does business at of , in the City/Township/Borough of , who lives, works or , County , and State of New Jersey. A copy of the Commission [Letters Rogatory] is attached to this petition as Exhibit A. 3. I submit this petition in support of my application for an Order pursuant to Rule 4:11-4 Revised 05/2007, CN 10518 English Page 1 FORM A authorizing that a subpoena be issued to at the aforementioned address o'clock in , New requiring that he/she/it [give his/her/its deposition on written interrogatory] [appear at the noon on (date)
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