New Jersey Subpoena
New Jersey pays a witness $2.00 for the day, and travel money only in 30-mile blocks for a witness who lives outside the county. The Judiciary publishes forms CN 11281 and CN 11282. Attorney review available.
Find out where you stand in New Jersey
What do you need the subpoena to compel?
DocDraft provides document preparation, not legal advice.
Introduction
Two dollars. That is the whole daily witness fee in New Jersey, and it is the number that catches people out, because the fee has to be handed over at service rather than reimbursed later. The New Jersey Judiciary states the amounts plainly: N.J.S.A. 22A:1-4 requires that a witness be paid $2.00 per day to appear in court, and if the witness does not live in the county where the case is to be heard, the witness gets an additional allowance of $2.00 for every 30 miles of travel from home to the court and back. Read that travel rule carefully, because New Jersey does not publish a cents-per-mile figure at all. It pays a flat amount per 30-mile block, and only to an out-of-county witness, so a neighbor who lives two towns over in the same county is owed the $2.00 day fee and nothing more. The second New Jersey quirk is who signs. Court Rule 1:9-1 lets the clerk of the court issue a subpoena, but it also lets an attorney or a party issue one in the name of the clerk, so a self-represented litigant does not need a courthouse signature to put a witness under command. The Judiciary publishes two printed forms, Subpoena Ad Testificandum (CN 11281) for testimony and Subpoena Duces Tecum (CN 11282) when documents or things come with the witness, and both carry a proof-of-service block in which the server certifies handing over the $2.00. If the person you need is already a party, R. 1:9-1 offers a shortcut: a notice in lieu of subpoena served on that party's attorney, demanding the attorney present the client at trial. DocDraft assembles your New Jersey subpoena from your own case facts, with attorney review available before anyone serves it.
Key Things to Know
- 1
A New Jersey subpoena is a written command, issued in a pending case, that orders a named person to attend and give testimony, to bring and produce documents or things, or both.
- 2
The New Jersey witness fee is $2.00 per day. The Judiciary states that N.J.S.A. 22A:1-4 requires a witness to be paid $2.00 per day to appear in court.
- 3
New Jersey travel money is paid in blocks, not per mile. A witness who does not live in the county where the case is to be heard gets an additional allowance of $2.00 for every 30 miles of travel from home to the court and back.
- 4
A witness who lives inside the county where the case will be heard is owed the day fee and no separate travel allowance under that rule.
- 5
Under Court Rule 1:9-1 a New Jersey subpoena may be issued by the clerk of the court, or by an attorney or a party in the name of the clerk, so a self-represented litigant can issue one without a clerk's signature.
- 6
The New Jersey Judiciary publishes Subpoena Ad Testificandum, form CN 11281, to request someone's testimony in court, and Subpoena Duces Tecum, form CN 11282, to request a personal appearance plus production of documents or things at trial or hearing. Both were revised 11/2024.
- 7
The printed New Jersey forms warn that failure to appear or comply with the command of the subpoena will subject the person to the penalties provided by law, and the server certifies on the form that the $2.00 fee was handed over.
Key decisions before you file
Before you file a Subpoena in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
Open the Subpoena guideCustomize your Subpoena Template with DocDraft
New Jersey Requirements for Subpoena
Witness Fee of $2.00 for the Day
The New Jersey Judiciary states that N.J.S.A. 22A:1-4 requires a witness to be paid $2.00 per day to appear in court. The Judiciary's subpoena forms put that payment inside the proof of service, where the server certifies handing the witness the fee for one day's attendance.
Travel Paid in 30-Mile Blocks, Out of County Only
New Jersey publishes no cents-per-mile rate. Where the witness does not live in the county in which the case is to be heard, the witness gets an additional allowance of $2.00 for every 30 miles of travel from home to the court and back. An in-county witness gets the day fee alone under that rule.
Issued by the Clerk, or by an Attorney or Party in the Clerk's Name
Court Rule 1:9-1 allows a New Jersey subpoena to be issued by the clerk of the court or by an attorney or party in the name of the clerk. That note is printed on the Judiciary's own forms, and it is why a self-represented New Jersey litigant can issue a subpoena without a courthouse signature.
Judiciary Form CN 11281 for Testimony
Subpoena Ad Testificandum, form CN 11281, Revised 11/2024, is the New Jersey Judiciary form captioned Request Someone's Testimony in Court. Its proof-of-service block carries the $2.00 day fee and a blank for the mileage fee allowed by law.
Judiciary Form CN 11282 When Documents Come Too
Subpoena Duces Tecum, form CN 11282, Revised 11/2024, is captioned Request Someone's Personal Appearance and Production of Documents or Things at Trial or Hearing. It adds numbered lines for the books, papers, documents and other tangible things the witness must bring.
Notice in Lieu of Subpoena for a Party
Where the person whose testimony you need is already a party, the note on the New Jersey forms describes a notice in lieu of subpoena served on that party's attorney, demanding that the attorney present the client at trial. It is directed at counsel rather than served on the witness in person.
Server Must Be Over 18 and Must Certify the Tender
The proof-of-service block on the New Jersey forms is completed by a server who certifies being over the age of 18, who delivered a copy, and who handed over the fee. The certification warns that willfully false statements are subject to punishment, so the tender belongs in the service record.
Penalties Provided by Law for Non-Compliance
The printed warning on the New Jersey Judiciary forms states that failure to appear or comply with the command of the subpoena will subject the person to the penalties provided by law. No fixed dollar forfeiture is printed on the form, so this page states no figure and enforcement runs through the issuing court.