I have experienced several judges on reverse sides of this issue. More often, I have had them disallow any sort of discovery with the other party in default. IMO, not the best approach since, particularly with self-employed defendants and financially uninformed plaintiff's, this promotes default hearings without enough data to make fair financial determinations. For that reason, I would say that the better approach is to permit the discovery subpoenas. Good luck.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 07-28-2015 14:48
From: Brian Winters
Subject: Subpoenas before answer
Hi. I seem to recall there was a post a few weeks ago about serving subpoenas either while the defendant is in default or before he or she has answered. I thought I would never have that situation and so I didn't pay attention.
Of course now I have that exact situation: I served the complaint, he has 35 days to answer but I'm pretty sure he will not, but I need to serve subpoenas.
so ... What did I miss? Is there any problem with issuing subpoenas before an answer is filed or while he is in default?
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Brian Winters Esq.
Bradley Beach NJ
(732)774-1212
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