Agency Web Information Index. Click the above link to get to an alphabetical listing of topics of interest and services offered by State Agencies. State Frequently Asked Questions. Submit a request for a record.
Education Links. Agency Web Information Index Click the above link to get to an alphabetical listing of topics of interest and services offered by State Agencies. State's Home Page Click this link to get to the State's home page and use it's tools to find information.
About GRC. Ad Testificandum for testimony. For an additional fee Callahan Lawyers Service will generate the NJ Subpoena for issuance, provided the proper information is supplied in the foreign subpoena. The fee to create the NJ Subpoena, the service fee and witness fee are additional.
Actual New Jersey Court Rule: Disclaimer: Codes listed may not be the most recent version. Place of Service A subpoena requiring the attendance of a witness at a hearing in any court may be served at any place within the State of New Jersey.
Failure to Appear Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued. Subpoena for Taking Depositions Service of summons, writs and complaints shall be made as follows: a Form; Contents; Scope. The attendance of a witness at the taking of depositions may be compelled by subpoena, issued and served as prescribed by R.
The subpoena may command the person to whom is directed to produce designated books, papers, documents or other objects which constitute or contain evidence relating to all matters within the scope of examination permitted by R.
A resident of this State subpoenaed for the taking of a deposition may be required to attend an examination only at a reasonably convenient time and only in the county of this State in which he or she resides, is employed or transacts business in person, or at such other convenient place fixed by court order. A nonresident of this State subpoenaed within this State my be required to attend only at a reasonably convenient time and only in the county in which he or she is served, at a place within this State not more than 40 miles from the place of service, or at such other convenient place fixed by court order.
The party subpoenaing a witness, other than one subject to deposition on notice, shall reimburse the witness for the out-of-pocket expenses and loss of pay, if any, incurred in attending at the taking of depositions. A subpoena commanding a person to produce evidence for discovery purposes may be issued only to a person whose attendance at a designated time and place for the taking of a deposition is simultaneously compelled.
The subpoena shall state that the subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition and that if the deponent is notified that a motion to quash the subpoena has been filed, the deponent shall not produce or release the subpoenaed evidence until ordered to do so by the court or the release is consented to by all parties to the action.
The subpoena shall be simultaneously served no less than 10 days prior to the date therein scheduled on the witness and on all parties, who shall have the right at the taking of the deposition to inspect and copy the subpoenaed evidence produced.
If evidence is produced by a subpoenaed witness who does not attend the taking of the deposition, the parties to whom the evidence is so furnished shall forthwith provide notice to all other parties of the receipt thereof and of its specific nature and contents, and shall make it available to all other parties for inspection and copying. Our Legal Services. Process Service Fast, reliable service complete with an online portal to track status updates.
Due Diligence Searches Having problems locating an individual or entity for service? We can help. If you are confused about the procedure, let the ALJ know, and ask questions.
All witnesses who testify will be placed under oath or, if the person cannot take an oath for religious reasons, will affirm that the testimony will be the truth. All relevant evidence may be presented, including hearsay a statement repeated by a witness but originally made by another person.
The ALJ may limit presentation of evidence if it is repetitive, overly time-consuming, abusive, too prejudicial, or irrelevant. The party with the burden of proof must prove its case. Usually this is the petitioner, complainant, or appellant, but you should find out from the ALJ which party has the burden of proof in your case.
Arrange to have any witnesses and records you need to prove your case at the hearing. Prepare your questions in advance. Bring to court records of any transactions that may help you prove your case. Remember that you need two copies of each document. Such records may include:. A record will be made of the hearing, so everyone should speak in a loud, clear voice. The ALJ is an independent, impartial person with no personal stake in the outcome of the case.
The ALJ will attempt to find the facts of the case and to understand and fairly evaluate the position of each party. In doing so, the ALJ may ask questions of any participant or witness in the hearing.
When a withdrawal is received, the case is closed and will be returned to the agency. If you withdraw your hearing request, the agency may proceed with the proposed action. Once a case is withdrawn and returned to the agency, the OAL no longer has jurisdiction to deal with any issues concerning the case.
If a case settles before the hearing begins, the ALJ will ask the parties to write out the terms of the agreement and to sign the settlement. If this cannot be done on the hearing date, the ALJ will set a date by which the settlement must be prepared, signed, and sent to the ALJ.
Once the terms are in writing and signed by the parties, the case will be returned to the agency. If the agency already agreed to the settlement, the case is over.
If not, the agency head has forty-five days to review the settlement, as in any other case. Once a case is settled and returned to the agency, the OAL no longer has jurisdiction to deal with any issues concerning the case. If you do not appear at the hearing, you must call the ALJ and speak with his or her secretary within one day of the hearing date to explain why you did not appear. The secretary will instruct you to fax a letter explaining the reason for non-appearance; you must fax a copy of the letter to your adversary as well.
It is important that you complete this process within one business day of your scheduled hearing date. If you do not call and submit the explanation within that time, the case will be sent back to the agency and the agency may proceed with any proposed action. The ALJ may ask for additional documents to be submitted after the hearing, and may also ask for a written argument, or brief, after the hearing.
This written argument can be in the form of a letter and states the factual and legal reasons that support your position on the case. If the ALJ does not ask for additional documents or for briefs, the case ends on the last day of the hearing. If the ALJ asks for additional documents or briefs, a date will be set by which those documents must be received.
The case will end on that date. The ALJ will not consider documents received after this date. A party cannot supply additional information or documents, either to the ALJ or the agency head, once the case ends.
The decision usually is due within forty-five days from the date the case ended. In some cases the decision is due in less than forty-five days; if so, the ALJ will state the due date at the end of the hearing.
0コメント