How to Subpoena Records in New Jersey Without a Lawyer

1. Make sure a subpoena is the right tool

A subpoena duces tecum (a subpoena for documents) gets records from someone who is not a party to your case: a bank, employer, landlord, school, phone company, doctor or hospital.

If the records belong to the other party, you usually don't need a subpoena. Send them a written request for production of documents instead (R. 4:18-1).

Also check that discovery is still open in your case. Your case track sets the discovery period (R. 4:24-1), and the court's notices show the discovery end date.

2. Know that you can issue it yourself

In New Jersey, a subpoena is issued by the clerk, or in the clerk's name by an attorney or a party (R. 1:9-1). As a self-represented party, you can complete the subpoena and sign it on the “issued by” line. You don't need a judge's signature or a trip to the clerk's office.

Other states and federal court work differently. In federal court, for example, the clerk issues a signed blank form (AO 88B).

3. Write the subpoena correctly

For records from a non-party during discovery, the subpoena must also set a records deposition: a date, time and place where the records are produced (R. 4:14-7(c)). Most record-keepers simply send copies by that date instead of appearing in person.

Include:

• The case caption: court, county, docket number and the parties' names.
• The name and address of the person or company that has the records.
• A clear, limited description of the records (for example, “monthly statements for account ending 1234, January to June 2025”). Narrow requests are less likely to be challenged.
• The records deposition date, time and place.
• Two statements the rule requires: the records must not be produced or released before the deposition date; and if the witness learns that a motion to quash or modify has been filed, they must not release the records until the court rules or all parties agree (R. 4:14-7(c)).

4. Serve it on the record-keeper and everyone else, at least 10 days ahead

Serve the subpoena on the record-keeper and a copy on every other party at the same time, at least 10 days before the records deposition date (R. 4:14-7(c)). Include a short notice to the other parties and a certification of service saying how and when you served them.

Service on the record-keeper is made by delivering a copy to them, with any fee allowed by law (R. 1:9-3). Many people use a process server or another adult. Check the current rule and your county's practice before you serve.

5. Wait for the response, and watch for objections

The record-keeper may produce the records, ask you for more time, or object. Their formal remedy is a motion to quash or modify the subpoena, made promptly (R. 1:9-2). If one is filed, the records stay held until the court rules or everyone agrees.

Try to resolve objections first, for example by narrowing the request. If a non-party ignores a properly served subpoena, failing to obey it without adequate excuse may be treated as contempt of court (R. 1:9-5), and you may ask the court to enforce it. Discovery motions need your certification that you tried to resolve the issue in good faith first (R. 1:6-2(c)).

6. Share what you receive

If the records come without anyone attending the deposition, promptly tell all other parties that you received them, describe what they are, and let them inspect and copy them (R. 4:14-7(c)).

7. Get the records ready for court

To use business records as evidence, you generally have to show they were made in the regular course of business, at or near the time, as a regular practice (N.J.R.E. 803(c)(6)). A signed certification from the records custodian (R. 1:4-4(b)) is a common way to support that foundation. Ask the other side to agree the records are authentic, or ask the court how it wants the foundation shown, since some judges may still want a live witness.