Legal Question in Civil Litigation in New Jersey
Subpoena
We received a subpoena on Thursday night 5/14/09 stating we are hereby commanded to attend and give testimony pursuant to R.4:14-7(c) at a law office on Monday, May 25, 2009 to produce the records--name removed--This was received by my son, as we were not at home at the time--name removed--There was a check in the amount of $10.00 attached--name removed--My question is what the heck is this and what happens if I don't show up--afterall this is a holiday weekend and Monday is a holiday--name removed--And also 6 days is not a sufficient time to us to gather the records that are being requested--name removed--And certainly $10.00 is not enough to cover the costs of gathering this information--name removed--Please let me know if I should call and cancel or reschedule--name removed--I'm not sure is I selected the correct area of law but on the subpoena is says Civil Action.
2 Answers from Attorneys
Re: Subpoena
In civil cases the parties are allowed to discovery information in the possession of another party and to gather records and information from a nonparty, using a deposition subpoena which equals a court order to appear and produce records. The penalty for disobeying such a subpoena can be being held in contempt of court which can involve a fine and imprisonment.
On the other hand, a subpoenied party
has the right to ask for more time to collect the documents and for compensation for the reasonable expenses associated with producing the requested records. You should advise the law firm which has served the subpoena upon you of this problem and your requirements for producing the documents, in writing sent by certified mail and do it either today or Tuesday, using the means of delivery
likely to cause your letter to be delivered prior to the date of the date for the production of records.
Gary Moore
Re: Subpoena
I would need more information. I have an office in Toms River so you can call me at 732/247/3340 to discuss.
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