Rule 4:14-7.Subpoena for Taking Depositions

Last amended September 1, 2024 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:14-7 governs deposition subpoenas — how attendance is compelled, the geographic and convenience limits on where a witness must appear, the expenses owed to fact, expert, and physician witnesses, and the rules for a subpoena to produce documents.

Full Text of Rule 4:14-7

Text sizeJump to: (a) (b) (c)

(a) Form; Contents; Scope. The attendance of a witness at the taking of depositions may be compelled by subpoena, issued and served as prescribed by R. 1:9 insofar as applicable, and subject to the protective provisions of R. 1:9-2 and R. 4:10-3 and the provisions of R. 4:14-2(c) and (d), insofar as applicable. The subpoena may command the person to whom it is directed to produce designated books, papers, documents or other objects which constitute or contain evidence relating to all matters within the scope of examination permitted by R. 4:10-2.

(b) Time and Place of Examination by Subpoena; Witness’ Expenses.

(1) Fact Witnesses. A resident of this State subpoenaed for the taking of a deposition may be required to attend an examination only at a reasonably convenient time and only (A) in the county of this State in which he or she resides, is employed or transacts business in person; or (B) at a location in New Jersey within 20 miles from the witness’s residence or place of business; or (C) at such other convenient place fixed by court order. A nonresident of this State subpoenaed within this State may be required to attend only at a reasonably convenient time and only in the county in which he or she is served, at a place within this State not more than 40 miles from the place of service, or at such other convenient place fixed by court order. The party subpoenaing a witness, other than one subject to deposition on notice, shall reimburse the witness for the out-of-pocket expenses and loss of pay, if any, incurred in attending at the taking of depositions.

(2) Expert Witnesses and Treating Physicians. If the expert or treating physician resides or works in New Jersey, but the deposition is taken at a place other than the witness’ residence or place of business, the party taking the deposition shall pay for the witness’ travel time and expenses, unless otherwise ordered by the court. If the expert or treating physician does not reside or work in New Jersey, the proponent of the witness shall either (A) produce the witness, at the proponent’s expense, in the county in which the action is pending or at such other place in New Jersey upon which all parties shall agree, or (B) pay all reasonable travel and lodging expenses incurred by all parties in attending the witness’ out-of-state deposition, unless otherwise ordered by the court.

(c) Notice; Limitations. A subpoena commanding a person to produce evidence for discovery purposes may be issued only to a person whose attendance at a designated time and place for the taking of a deposition is simultaneously compelled. The subpoena shall state that the subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition and that if the deponent is notified that a motion to quash the subpoena has been filed, the deponent shall not produce or release the subpoenaed evidence until ordered to do so by the court or the release is consented to by all parties to the action. The subpoena shall be simultaneously served no less than 10 days prior to the date therein scheduled on the witness and on all parties, who shall have the right at the taking of the deposition to inspect and copy the subpoenaed evidence produced. If evidence is produced by a subpoenaed witness who does not attend the taking of the deposition, the parties to whom the evidence is so furnished shall forthwith provide notice to all other parties of the receipt thereof and of its specific nature and contents, and shall make it available to all other parties for inspection and copying.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:20-1 (last sentence), 4:46-4(a)(b). Paragraphs (a) and (b) amended July 14, 1972 to be effective September 5, 1972; paragraph (c) adopted November 5, 1986 to be effective January 1, 1987; paragraph (b) recaptioned paragraph (b)(1) and amended, paragraph (b)(2) adopted and paragraph (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (b)(1) amended July 27, 2006 to be effective September 1, 2006; paragraph (a) amended July 15, 2024 to be effective September 1, 2024.

Plain-English Summary

A subpoena brings an unwilling witness to a deposition, and this rule sets its form and reach. The subpoena issues under Rule 1:9, subject to the protective provisions of the discovery rules, and may command production of documents or objects within the scope of discovery. A resident may be required to appear only at a reasonably convenient time and place tied to where the witness lives or works, with distance limits, and the subpoenaing party reimburses a fact witness’s out-of-pocket expenses and lost pay.

Experts and treating physicians have their own expense rules. If they reside or work in New Jersey but are deposed elsewhere, the party taking the deposition pays travel time and expenses; if they are out of state, the proponent either produces them in New Jersey or pays the parties’ travel and lodging. A subpoena to produce documents for discovery may issue only where the witness’s attendance is simultaneously compelled, and it must be served at least 10 days ahead on the witness and all parties, who may inspect and copy what is produced.

Frequently Asked Questions

Where can a witness be required to appear for a deposition?

Only at a reasonably convenient time and place tied to where the witness resides, is employed, or was served, within the distance limits the rule sets, or at another place fixed by court order.

Who pays a witness's deposition expenses?

The subpoenaing party reimburses a fact witness’s out-of-pocket expenses and lost pay. Experts and treating physicians have their own expense rules depending on where they reside or work.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:14-7). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: deposition subpoenasubpoena for taking depositionswitness expensesexpert witness feessubpoena duces tecummileage limits