If you are involved in a personal injury case in New Jersey, the subpoena process is one of the most powerful tools available for gathering the evidence your claim needs to succeed. Subpoenas compel individuals and organizations to produce documents or testimony, often making the difference between a strong case and one that falls short. Understanding how they work, what types exist, and what to do if you receive one can help you feel more confident at every stage of your case.
At Mandelbaum Barrett PC, our New Jersey personal injury attorneys use the full range of discovery tools, including subpoenas, to build the strongest possible case for our clients. With decades of combined experience handling complex personal injury claims throughout New Jersey, we understand how to investigate thoroughly and fight for the compensation you deserve.
What Is a Subpoena?
A subpoena is a legal document issued by a court or party that requires someone to produce information, documents, or testimony relevant to a case. As explained by the Legal Information Institute at Cornell Law School, subpoenas in civil matters are governed by Rule 45 of the Federal Rules of Civil Procedure, which sets out how a subpoena must be drafted, served, and enforced. In personal injury cases, subpoenas are essential tools for collecting witness accounts and securing evidence such as medical records, police reports, and surveillance footage.
A subpoena is distinct from a summons, which notifies a party that they are being sued and must respond. Subpoenas are focused entirely on gathering evidence. There are two primary types used in personal injury litigation: the subpoena duces tecum and the subpoena ad testificandum.
Subpoena Duces Tecum
A subpoena duces tecum requires a person or organization to produce documents, records, or other physical evidence. In personal injury cases, this type of subpoena is frequently used to obtain records from non-parties to the lawsuit, such as hospitals, insurance companies, and employers. A personal injury attorney might issue a subpoena duces tecum to the treatment facility where you received care, requesting your full medical records, or to a cell phone carrier to obtain records that could establish a driver was texting at the time of a crash.
These subpoenas can reach a broad range of evidence, including photographs of the accident scene, repair estimates for damaged property, employment records documenting lost wages, and any documentation that helps establish liability or the extent of your injuries.
Subpoena Ad Testificandum
A subpoena ad testificandum requires a person to appear and give sworn testimony, either at a deposition during the discovery phase or at trial. This type of subpoena is used when someone has direct knowledge relevant to the case, such as an eyewitness to the accident, a treating physician, or an expert in accident reconstruction. By compelling testimony from people who might otherwise decline to participate voluntarily, this subpoena ensures the full picture of what happened can be presented.
For example, if a medical professional treated you immediately after your accident, your attorney may issue a subpoena ad testificandum to require that provider to testify about the nature and severity of your injuries, helping to connect your condition directly to the defendant’s negligence.
How the Subpoena Process Works
In a personal injury case, the requesting party’s attorney drafts the subpoena in compliance with the applicable rules of civil procedure, specifying what information, documents, or testimony is required and by what deadline. The subpoena is then served on the recipient, typically by a process server, sheriff, or through certified mail depending on jurisdiction.
Once served, the recipient is legally obligated to comply by the specified deadline or face potential penalties, which can include fines or, in some cases, a finding of contempt of court. In certain situations, the issuing party may also be required to pay witness fees or reimburse reasonable expenses the recipient incurs in complying, such as travel costs for attending a deposition.
Challenging a Subpoena
Even as the plaintiff in a serious personal injury case, you may find yourself on the receiving end of a subpoena. If you believe a subpoena served on you is unjust or overly burdensome, you have the right to challenge it before the compliance deadline by filing a motion to quash or modify it with the court. Common grounds for challenging a subpoena include the following:
- Relevance: the requested documents or testimony are not actually relevant to the issues in the case
- Overbreadth: the subpoena demands an unreasonably large volume of documents or information
- Privilege: the requested information is protected, such as attorney-client communications or medical records unrelated to the injury at issue
- Undue burden: complying with the subpoena would impose an unreasonable hardship on the recipient
If you receive a subpoena in connection with a personal injury case, it is important to consult with an attorney before the deadline. An experienced lawyer can evaluate whether the subpoena is valid, advise you on your options, and file a challenge on your behalf if appropriate.
Contact the Personal Injury Lawyers at Mandelbaum Barrett PC
The subpoena process is just one of many aspects of a personal injury claim that requires a thorough understanding of the law and skilled legal strategy. Whether your attorney is issuing subpoenas to build your case or you have received one and need guidance on how to respond, having experienced representation makes a meaningful difference. With decades of experience handling car accidents, construction accidents, and all types of personal injury claims throughout New Jersey, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters.
If you have been injured due to someone else’s negligence, do not navigate the legal process alone. Contact our office to schedule a consultation and let us put our knowledge and experience to work for you.