Detailed Answer
Under New Jersey law, you may use a court-ordered subpoena duces tecum to gather relevant estate records during probate or guardianship proceedings. A subpoena duces tecum commands a non-party custodian—such as a bank or government agency—to produce documents or records. Follow these steps:
1. Identify the Governing Rule
New Jersey Court Rule 4:58 governs subpoenas duces tecum. It authorizes parties to obtain documents from non-parties. See N.J. Ct. R. 4:58.
2. Prepare the Subpoena
Use the court’s approved form and include: the case caption, court division, case number, the return date, and a clear list of requested documents.
3. Obtain Judicial Approval (If Required)
In some superior court divisions, the clerk approves subpoenas. In contested probate matters, you may need leave of court. Check local rules or contact the probate clerk.
4. Serve the Subpoena
Serve at least 10 days before the return date. Use a process server or certified mail with return receipt. Proper service ensures enforceability.
5. Respond to Objections
If the custodian objects or fails to comply, file a motion to compel production under R. 4:58. The court may quash or modify the subpoena for undue burden or privilege.
6. Review and Use the Records
Once produced, review the records promptly. Use them to verify assets, debts, or transactions for inventory, accountings, or litigation in the estate matter.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Confirm the probate or guardianship docket number before drafting your subpoena.
- Check local court websites for specific form requirements.
- Include a cover letter summarizing the request to avoid confusion.
- Document all service attempts to prove compliance with time limits.
- Keep copies of the subpoena and correspondence for your case file.