7:7-8. Subpoenas [ Form of Subpoena ]
[In cases involving non-indictable offenses, the law enforcement officer may
issue and serve subpoenas to testify in the form prescribed by the Administrative
Director of the Courts. Courts having jurisdiction over such offenses, the Division of
State Police, the Division of Motor Vehicles and any other agencies so authorized by
the Administrative Director of the Courts may supply subpoena forms to their law
enforcement officers. After service of a subpoena, the officer shall attach a copy of the
subpoena to the complaint and promptly file those documents with the court.]
(a) Issuance. Except as otherwise provided in paragraph (d), upon the issuance
of process on a complaint within the trial jurisdiction of the municipal court, a subpoena
may be issued by a judicial officer, by an attorney in the name of the court administrator,
or, in cases involving a non-indictable offense, by a law enforcement officer or other
authorized person. The subpoena shall be in the form approved by the Administrative
Director of the Courts. In cases involving non-indictable offenses, the law enforcement
officer may issue subpoenas to testify in the form prescribed by the Administrative
Director of the Courts. Courts having jurisdiction over such offenses, the Division of
State Police, the Motor Vehicle Commission, and any other agency so authorized by the
Administrative Director of the Courts may supply subpoena forms to law enforcement
officers.
(b) Subpoena to Testify. A subpoena to testify shall state the name of the
municipal court and the title of the action. It shall contain the appropriate case docket
number and shall command each natural person or authorized agent of an entity to
whom it is directed to attend and give testimony at a specific time and date when the
court will be in session. The subpoena may also specify that the specific time and date
to attend court will be established at a later time by the court. If the witness is to testify
in an action for the State or for an indigent defendant, the subpoena shall so note and
shall contain an order to appear without the prepayment of any witness fee as otherwise
required under N.J.S.A. 22A:1-4.
(c) Subpoena to Produce Documents or Electronically Stored Information. A
subpoena may require the production of books, papers, documents, electronically
stored information or other items on the date of the scheduled court appearance. The
court may enter a supplemental order directing that the items designated in the
subpoena be produced in court at a time prior to the scheduled court appearance or at
another location. The order of the court may also specify that the designated items may,
upon their production, be inspected by the parties and their attorneys.
(d) Investigative Subpoenas in Operating While Under the Influence Cases.
When the State demonstrates to the court through sworn testimony and/or supporting
documentation that there is a reasonable basis to believe that a person has operated a
motor vehicle in violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:3-10.13, a vessel in
violation of N.J.S.A. 12:7-46, or an aircraft in violation of N.J.S.A. 6:1-18, a municipal
court judge with jurisdiction over the municipality where the alleged offense occurred
may issue an investigative subpoena directing an authorized agent of a medical facility
located in New Jersey to produce medical records related to the presence of alcohol,
narcotics, hallucinogens, habit-producing drugs or chemical inhalants in the operator’s
body. If no case is pending, the subpoena may be captioned “In the Matter” under
investigation.
(e) Personal Service. A subpoena may be served at any place within the State of
New Jersey by any person 18 or more years of age. Service of a subpoena shall be
made by personally delivering a copy to the person named, together with the fee
allowed by law, except that if the person is a witness in an action for the State or an
indigent defendant, the fee shall be paid before leaving the court at the conclusion of
the trial by the municipal court administrator as otherwise required by N.J.S.A. 22A:1-4.
After service of a subpoena, the person serving the subpoena shall promptly file a copy
of the subpoena and proof of service with the court.
(f) Continuing Duty to Appear. A witness who has been personally served with a
subpoena shall remain under a continuing obligation to appear until released by the
court.
(g) Failure to Appear. In the absence of an adequate excuse, any person who
fails to obey a personally served subpoena, as evidenced by an executed return of
service, is subject to punishment for contempt of court. The court may issue a warrant
for the arrest of the person subject to contempt as authorized by N.J.S.A. 2A:10-8.
(h) Motion to Quash. The court, on motion made prior to the scheduled court
date, may quash or modify a subpoena to testify or a subpoena to produce writings or
electronically stored information if compliance would be unreasonable, oppressive or
not in compliance with the procedures required under this rule.
