NJSBA Family Law Section

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  • 1.  when a subpoena can be served

    Posted 07-09-2015 07:42 PM

    I must be missing something in the Rules or maybe it's permissible.  Can a subpoena be served on a non-party, such as Defendant's employer, when the Complaint for Divorce has been filed and served but Defendant has not filed an Answer and his/her period to do so has not expired.  It seems a party should be given a chance to produce discovery or complete a CIS before demands are made on that party's boss.  

    Looking at 5:5-1, 4:11, 4:17 and 4:18.

    Rule 4:17 provides: 

    Interrogatories may, without leave of court, be served upon the plaintiff or answers demanded pursuant to R. 4:17-1(b) after commencement of the action and served upon or demanded from any other party with or after service of the summons and complaint upon that party. Except as provided in R. 4:17-1(b)(2), initial interrogatories shall be served by plaintiff as to each defendant within 40 days after service of that defendant's answer and each defendant shall serve initial interrogatories within said 40-day period.

    Can someone point me in the right direction with regard to a subpoena?

     

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    Mary Jane Leland Esq.
    Freehold NJ
    (732)409-7777
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  • 2.  RE: when a subpoena can be served

    Posted 07-10-2015 03:47 AM
    See R. 1:9 and 4:14.

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
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  • 3.  RE: when a subpoena can be served

    Posted 07-10-2015 08:56 AM

    Sorry, but I've had smart judges go both ways on this one.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585
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