If the party giving notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, or if the party giving the notice fails to serve a subpoena upon a witness who because of such failure does not attend and another party attends in person or by attorney because that party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred as a result of attendance either by the attending party or that party’s attorney, including reasonable attorney’s fees.
Rule 4:14-8.Failure to attend or serve subpoena; expenses
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:14-8 lets the court order a party who noticed a deposition but failed to attend, or who failed to subpoena a witness who then did not appear, to pay another attending party's reasonable expenses, including attorney's fees.
Full Text of Rule 4:14-8
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. 4:20-7(a) (b). Amended July 14, 1972 to be effective September 5, 1972; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
A party who calls a deposition should show up and secure the witness. This rule addresses two failures: noticing a deposition and then not attending, and failing to subpoena a witness who consequently does not appear. In either case another party may have traveled to the deposition expecting it to proceed.
The remedy is a cost-shift. The court may order the party who gave the notice to pay the reasonable expenses the attending party incurred, including reasonable attorney’s fees, so the burden of the wasted appearance falls on the party that caused it.
Frequently Asked Questions
What happens if a party notices a deposition and then does not show up?
The court may order that party to pay another attending party’s reasonable expenses, including reasonable attorney’s fees. The same applies where the noticing party fails to subpoena a witness who then does not appear.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:14-8). 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: failure to attend depositionfailure to serve subpoenadeposition expenseswasted appearance