Kenneth Vercammen (732) 572-0500

2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee, GP on Personal Injury and lectured at the ABA Annual Meeting attended by 10,000 attorneys and professionals.

New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Thursday, December 27, 2007

Subpoenas in a Court Case

Kenneth Vercammen's law office represents individuals and companies in both Civil and Criminal cases. Often there is a need to require witnesses to testify at trial. To require someone to appear at trial, arbitration, or hearing, they need to be served with a subpoena. A subpoena needs to be personally served if it is to be considered valid. Sometimes we need documents or records at trial or prior to trial. A subpoena can also be used to require a company or person to produce records.
There are two types of subpoena: 1. Subpoena for Records - Also called "Subpoena Duces Tecum" 2. Subpoena to Testify - called "Subpoena Ad Testificandum"

For records-

Our letter to person or entities we want records from will state the following: Please find Subpoena Duces Tecum and the requisite fee in the amount of $6.00 served upon you pursuant to Rule 1:9-2. A personal appearance by the custodian of records is not necessary, provided that we receive the requested documents and a Certification to indicate the records are true and accurate.

We will not schedule a court reporter on the date listed on the subpoena unless the custodian of records contacts us and requests a personal appearance. Failure to comply with the subpoena may be deemed a Contempt of Court, pursuant to Rule 1:9-5. Information to include in Subpoena for Records The Subpoena for Records - Requires: caption Attorney for ______ (our client) Type in name of Plaintiff Type in name of Defendant Type in rest of caption, make sure correct court is indicated, e.g. Law Div., Municipal Court, etc. Type in docket # Action: Civil or Criminal or Traffic State of New Jersey to _____ (type in person/company or entity subpoena for records is served on) Indicate either address of court or location to deliver records, (e.g. 2053 Woodbridge Ave., Edison, NJ 08817) Date records are to be produced Records to be provided ____ (type in all documents we want) Dated - hand write date Sign Donald Phelan If this is a Municipal Court case, delete Donald Phelan and type name of Municipal Court administrator. In personal injury case, include a signed medical authorization of the plaintiff/patient We prepare a letter to company/entity we want records from. We insert client name and date of deposition or appearance. Type in other attorney name. Other attorney gets letter and copy of subpoena. If records are not received, or we do not believe entity receiving subpoena will comply, prepare a new subpoena and have person/entity served by Guaranteed Subpoena.

Subpoena To testify-

To require a witness to testify, a Subpoena Ad Testificandum [To testify] is required. The Subpoena must be personally served, together with a check for $6.00. The attorney's office will prepare the subpoena. It is served by a Process server, usually Guaranteed Subpoena, for a fee of approximately $60.00. The client is responsible for the process server fee. In Municipal Court traffic/ DWI and Municipal Court criminal cases, the witness should be present on that date set forth by the court. An affidavit or signed letter is not admissible because it is hearsay. Live testimony is required. Superior Court trials are sometimes adjourned by the court or testimony is not taken until the next day. Rather than inconvenience witnesses and require them to sit in court several days and wait, we sometimes permit a witness to be "on- call". This means that the witness agreed to provide a daytime phone number where they can be reached and agreed to appear on 24 hours notice. If the witness does not agree to be "on- call", then they must appear at the Courthouse at the date and time issued on the subpoena, sit around at the courthouse until trial itself begins and return to the Court every day until the trial is started and your testimony required. We wish to avoid inconvenience to the witnesses and often it is granted permission to be "on- call." Under the subpoena a witness is required to appear in court and testify. Failure to appear subjects a witness to numerous penalties.

Our letter to witnesses states: "We would appreciate witnesses being "on call" to testify in our behalf when the case is reached. Please advise us as to the daytime telephone number where you can be contacted. If, for any reason, you will not be available, you must call my office upon receipt of this letter." Pursuant to New Jersey Court Rules, a plaintiff or defendant is permitted to reimburse a witness for their hourly rate and lost time in Court. However, we have been advised that we cannot pay witnesses a daily rate for "on-call."

We can also provide to witnesses a copy of a map to the Court House.

Subpoena to testify- Information needed to include Prepare caption State of New Jersey to ____ (name of person) Court address date of Court Hand write date of subpoena Hand sign Donald Phelan Prepare PI Lt. G3- Trial Subpoena letter Insert date of trial and location of court.

COURT RULE 1:9. SUBPOENAS

1:9-1. For Attendance of Witnesses at a Hearing/Trial; Forms; Issuance; Notice in Lieu of Subpoena

A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If the witness is to testify in a criminal action for the State or an indigent defendant, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena.

Subpoena for Records:

Rule 1:9-2. For Production of Documentary Evidence; Notice in Lieu of Subpoena

A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).

Rule 1:9-3. Service

A subpoena may be served by any person 18 or more years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof.

Rule 1:9-4. Place of Service

A subpoena requiring the attendance of a witness at a hearing in any court may be served at any place within the State of New Jersey.

Rule 1:9-5. Failure to Appear

Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.

CONCLUSION

Our office represents people in Personal Injury and Criminal cases. We provide representation throughout New Jersey. Never give up! Our Law Office can provide experienced attorney representation for trials. Our website www.njlaws.com provides information on litigation matters we can be retained to represent people. If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a business law class in school. When your life and job is on the line, hire the best attorney available.





Receive free NJ Laws Email newsletter with current laws and cases
New Article of the Week

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced Oregon personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, NY, PA, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

No comments: