Legal Question in Landlord & Tenant Law in New Jersey

Re: subpeona witness no show

First, ask the judge to delay the trial so that the testimony of the witness can be obtained. You do this by making an "offer of proof" that tells the judge what testimony you expect that the witness would have given had they appeared in accordance with the subpoena. If the judge finds that the anticipated testimony is relevant to a disputed issue, he or she will generally grant a continuance. The matter gets a bit more complicated if a jury has been picked and sworn, but that is for the judge.

If the judge agrees that the presence of the witness is appropriate (not a facial abuse of process), an arrest warrant may issue ordering the sheriff to take the witness into custody and bring him/her before the court to explain why the subpoena was ignored and, possibly, to remain in custody until the time of trial.

A litigant has the right to subpoena witnesses /in the name of the State/. If the subpoena is ignored, it is a affront to the State. Once you show the judge that the subpoena was properly issued, the judge should co the rest if you ask.

In addition, if you incur liability because a witness fails to show, you may have civil remedies against the witness. However, that is tricky business to prove unless you have first asked the judge to compel the presence of the witness. So, if you don't raise the issue at the time the appearance is required, you may lose the ability to prove damages as a practical matter.

See also: http://info.corbettlaw.net/lawguru.htm