Subpoenas should be completed according to the following directions and served on the person named in the subpoena either in person or by certified mail return receipt requested a reasonable time in advance of the hearing. If possible, the subpoena should be served at least five days before the hearing date.
The subpoenaed witness must be paid $2 per day and, if the witness does not live in the county where the hearing will be held, an additional $2 for every thirty miles of travel between the witness’s home and the hearing location. The witness fee should be included with the subpoena.
The upper left-hand section of the subpoena should include the name and address of the attorney, non-lawyer representative or pro se party (party representing herself/himself) serving the subpoena.
Insert the case name, which can be obtained from the notice of filing or notice of hearing you received from the Office of Administrative Law, in the boxed section. The witness’s name and address are placed after the “To.” The date, time and location of the hearing are inserted into the first paragraph. If you wish the witness to supply any documents, list them at the end of this paragraph.
After you serve the subpoena, complete the proof-of-service section on your copy of the subpoena, indicating the date of service and certifying that the appropriate attendance fee was paid. Retain this copy for your records. Do not send this information to the OAL. Bring this form with you to the hearing.
In most instances, a subpoena can be signed by an attorney, a non-lawyer representative appearing pursuant to N.J.A.C. 1:1-5.4, or a pro se party. However, if you wish to subpoena a high-level government official such as the Governor, an agency head, an assistant commissioner, a deputy commissioner, or a division director, the subpoena must be submitted to an administrative law judge for signature. You must also explain why you need that individual’s testimony by demonstrating that the official has firsthand knowledge of or was directly involved with your case, or that the individual’s testimony is necessary to prevent an injustice.