Your Business Received a Subpoena in New Jersey, but You Are Not Being Sued
What to review before producing company records or sending someone to testify
By Peter J. Lamont, Esq.
A customer and a former supplier are suing each other. Your company is not named as a defendant, but a process server delivers a subpoena seeking two years of invoices, emails, and payment records. A business subpoena in New Jersey can require attention even when your company has no financial stake in the outcome of the lawsuit.
Before sending documents, determine which court issued the process, what it commands, and when compliance is scheduled. This article concerns subpoenas for discovery in New Jersey state civil litigation. Federal cases, criminal matters, and subpoenas involving another state require a separate review of the applicable procedure.
Identify Exactly What the Subpoena Requires
Read the subpoena itself, including every attachment. It may require testimony, production of specified materials, or both. The name of the lawsuit on the first page can be unfamiliar even when the requested transaction is one your staff remembers. Identify the company or individual commanded to appear and whether the request concerns records the business actually maintains.
Under Rule 4:14-7, a deposition subpoena may require a witness to produce designated materials within the permitted scope of discovery. The rule contains requirements for time and place as well as document production. Do not assume that emailing a file automatically excuses attendance. Counsel should obtain clear confirmation of any arrangement affecting the appearance.
Preserve the envelope and any service papers. Tell counsel who received the subpoena and when. An internal forwarding delay can leave little time to identify concerns. The receptionist should know whom to contact, and the person responsible for the response should have the complete set of papers.
Producing Records Early Can Be a Mistake
Rule 4:14-7(c) contains safeguards that are easy for a nonparty business to overlook. A subpoena commanding production of evidence for discovery generally must simultaneously compel attendance at a designated time and place for a deposition. The rule requires simultaneous service on the witness and all parties no less than ten days before the scheduled date.
The subpoena must state that the evidence is not to be produced or released before the specified deposition date. It must also state that, if the deponent is notified that a motion to quash has been filed, the evidence is not to be released until the court orders production or all parties consent. Those provisions allow objections to be addressed before material is disclosed.
A cooperative employee may think an early response will get the matter off the company’s desk. That can defeat the protection the rule provides. Route the request through the person coordinating the response, and have counsel review any proposed early delivery or informal arrangement.
The ten-day notice requirement is not a universal ten-day response deadline for every subpoena. Read the actual command and determine which procedure governs. Rule 1:9-2 also recognizes court-directed pretrial production, so the presence of a court order needs attention rather than an assumption that every request follows precisely the same route.
Review Scope Before Collecting Everything
Start with the categories and date range. A request for records of one transaction presents a different task from a demand for every communication with a customer over several years. Ask the staff who handled the work where responsive information is kept and whether the same records exist in several systems.
For example, a distributor may have invoices in accounting software, delivery confirmations in a shipping portal, and customer communications in individual email accounts. A sensible collection plan identifies those sources and avoids inconsistent searches. It also records any practical difficulty, such as restoring an archived system or retrieving material from a former employee’s account.
Rule 1:9-2 permits a prompt motion to quash or modify a subpoena where compliance would be unreasonable or oppressive. In a civil action, the court may condition denial of the motion on advancement of the reasonable cost of production by the requesting person. These are provisions for court consideration, not permission to ignore a request because responding will take time.
If narrowing the request would solve the problem, counsel can explore that with the requesting attorney. A revised date range or a specified set of transactions may produce the relevant evidence with less disruption. Keep any agreed change in writing so the collection team knows what it is supposed to gather.
Confidential Information Needs Its Own Review
A subpoena may reach information that the company does not ordinarily share with competitors or customers. Pricing, internal financial reports, and technical material can require careful handling. Marking a document confidential does not itself answer whether it must be produced, but it gives counsel a concern to evaluate before disclosure.
Rule 4:10-3 permits protective orders for good cause to protect a party or a person from whom discovery is sought from specified harms, including undue burden or expense. Its provisions expressly address trade secrets and other confidential commercial information. Depending on the circumstances, protection may involve limiting disclosure or specifying how the information can be used.
Potentially privileged communications should be identified for counsel rather than mixed into a general production folder. Do not assume that every email copied to a lawyer is privileged, or that a subpoena automatically overrides a privilege. The content and context need review. A separate collection of questionable items helps counsel make that assessment without slowing review of obviously responsive business records.
Be particularly careful with shared folders. Granting access to an entire workspace may disclose unrelated material alongside the requested records. Produce only through a method counsel has reviewed, with an accurate record of what was supplied and to whom.
Prepare the Person Who Will Testify
If the subpoena requires an appearance, determine who is being called and in what capacity. A person asked about a transaction should review the relevant records with counsel and distinguish personal recollection from information learned later. The company should not select a witness merely because that employee happens to be available on the scheduled date.
Rule 4:14-7(b)(1) limits where a resident fact witness may be required to attend and requires a reasonably convenient time. It also provides reimbursement of out-of-pocket expenses and lost pay for a subpoenaed witness other than one subject to deposition on notice. The details should be checked against the witness’s status and the proposed location.
A witness should understand the documents expected at the deposition and any production arrangement already made. Preparation means learning the process and reviewing accurate information. It does not mean supplying a preferred account where the witness lacks knowledge. If records conflict with memory, identify that issue before the testimony begins.
Keep the Response Organized Through Completion
Maintain a copy of the subpoena, correspondence about its scope, any court order, and the final production. Record what was withheld for counsel’s review and which sources were searched. That record is useful if the requesting party later claims something is missing or sends a follow-up subpoena.
A nonparty business can often reduce disruption by assigning one contact to coordinate with litigation counsel. Employees then have a place to send questions instead of responding separately to opposing attorneys.
The Law Offices of Peter J. Lamont in Wyckoff assists Bergen County companies and businesses throughout New Jersey with business legal matters, including responses to litigation demands. If a subpoena arrives, contact the office with the complete papers and service information. The review should begin before documents leave your control.
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For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at info@pjlesq.com.
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About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
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