NJSBA Family Law Section

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  • 1.  subpoena

    Posted 03-30-2017 06:51 PM
    Is it necessary to give a copy of a subpoena the the other party if it is simply to get records of police files 

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    James Ahearn Esq.
    Rutherford NJ
    (201)438-8741
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  • 2.  RE: subpoena

    Posted 03-30-2017 07:34 PM
    You've always got to serve a subpoena on the other side.

    Please review Welch v. Welch and Cavallaro on the issuance of subpoenas. The case must be prejudgment or there must be a plenary hearing scheduled (and even if post-J, I'd be sure - if there's a discovery order that doesn't include subpoena authority, it could be quashed and sanctions issued. The App Div just affirmed that in an unpublished opinion). In Welch, an attorney filed a motion and then issued a subpoena even though no plenary had been ordered. The subpoena was quashed and sanctions issued.

    All that said, if you're seeking police records, you should be able to get them without a subpoena by simply requesting them or, if you're not getting a response, by issuing an OPRA request (Google around - there's samples out there). Those don't need to be served. Only in the unusual circumstances where the file is sealed (a child abuse, civil DV, or sealed via court order) can they refuse to turn them over.


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