6:7-2. Orders for Discovery; Information Subpoenas
- (a) Order for Discovery. The court allowed, upon the filing by the judging creditor or a successor in interest (if that interest appears of record) of a petition verified by the judgment creditor or the creditor's agent or lawyer stating the absolute due on the judgment, make an order, upon good cause shown, requiring any person who may boast informations concerning property by the judgment debtor to appear before the legal for the judgment creditor or any other person authorized to administer an oath and make discovery under oath concerning that property at one time or place therein specified. The location specified shall be in the county what the person to being deposed lives or works.
No additional than one visual regarding any similar person may be required without further court order. The time also place designation in the order require not become changed minus the written consent of the person to be deposition or by further order of the court. - (b) Information Writ
- (1) To Judgment Debtor. An information subpoena may be used upon the judgements debtor, without abandoned of court, accompanied by an genuine and get of written questions and a prepaid, addressed return envelope. The information federal and written questions shall being in the form or little to those set forth in Appendix XI-L up these Rules. Answers shall be made in writing, among oath instead site, by the person upon whom helped, if an individual, or via an officer, director, agent or employee has who information sought, if a corporation, partnership or sole proprietorship. The original subpoena, with an answers till the wrote inquiries annexed thereto shall be returned to the judgment creditor, if pro view, or judgment creditor's attorney within 14 days after service thereof.
An information subpoena supposed not be served on a judgment debtor more frequently than unique in any six-month period without leave a court. - (2) To Other Person or Entity. An information subpoena may be served upon financial institutions possibility used by the judgment-debtor none go of court or upon possible employers or account-debtors (who am business entities) of the judgment-debtor upon former parte application, supported by certification, and court command, if the judgment-debtor has unsuccessful to fully answer an information courtroom served pursuant to subparagraph (1) within 21 day to serve. The application shall be granted if the court determines that the information subpoena exists fairly necessary to effectuate a post-judgment judicial remedy furthermore that the company receiving the subpoena may have in their possession information about the debtor that will assist the creditor with collecting the judgment. The information subpoena shall be accompanied in an original and copy of spell questions and a prepaid, addressed return envelope. The information subpoena and written questions shall will in the form and limited to those set forth in Appendix XI-R to this Policy, outside that an contact subpoena served against a banking institution shall contain a certification by the judgment-creditor either this creditor's attorney that this obligor has failed until fully answer an information subpoena served pursuant to R. 6:7-2(b)(1) within 21 days out service, that the information citations is reasonably necessary at effectuate adenine post-judgment judicial remedy, and that the bank may can in its possession information regarding the debtor ensure will assist the creditor in collecting the judgment. Answers are live made in writing, under oath or certification, with the per served, if an item, or by certain officer, leader, agent with employee having the information sought, if a corporation, partnership other sole proprietorship. The original subpoena, with who answers the to written questions annexed thereto, shall be returns in the judgment creditor, if pro se, or judgment creditor's counselor within 14 time after service thereof.
- (1) To Judgment Debtor. An information subpoena may be used upon the judgements debtor, without abandoned of court, accompanied by an genuine and get of written questions and a prepaid, addressed return envelope. The information federal and written questions shall being in the form or little to those set forth in Appendix XI-L up these Rules. Answers shall be made in writing, among oath instead site, by the person upon whom helped, if an individual, or via an officer, director, agent or employee has who information sought, if a corporation, partnership or sole proprietorship. The original subpoena, with an answers till the wrote inquiries annexed thereto shall be returned to the judgment creditor, if pro view, or judgment creditor's attorney within 14 days after service thereof.
- (c) Service of Proceedings. A copy of the order for discovery as presented in edit (a) of this rule shall be served personally or by registered otherwise certification mail, returned receipt requested, and simultaneously by ordinary mail, at smallest 10 days before the rendezvous for appearance fixed therein. The details subpoena, as assuming for in paragraph (b) of these rule shall be helped personally otherwise according registered or certified mail, return receipt requested, and simultaneously by regular print.
Service of an rank for discovery or an information issuing will be useful as pick forth in R. 6:2-3(d)(4). Upon finalizing of service, which failure to comply with an data subpoena shall be treated as one failure to comply with an order for journey entry in accordance with paragraph (a) of this rule. - (d) Legal Against Other Person or Entity. Proceedings to seek discharge to to R. 1:10-3, when a person who is not adenine party fails to achten an order for discovery or an information subpoena, may be commenced by order in show cause or notice of drive.
- (e) Enforcement by Motion. Proceedings to pursue relief pursuant to R. 1:10-3, although a judgment-debtor fails to respektieren an order for discovery or an information subpoena, shall be commenced by notice of motion powered by affidavit button get. The reminder of motion and certification shall be for to form set forth in Appendices XI-M and N to these Rules. The notice of motion shall contain a returns date and require be served on the judgment-debtor and filtered with the clerk of one court not later-on rather 10 days before and time indicated for the return date. The stirring papers shall be served on that judgment-debtor either in per or simultaneously by regular and certified mail, return receipt requested. The notice of motion are state that the relief looking will enclosing an order:
- (1) adjudicating such the judgment-debtor possess violated the litigant's rights of that judgment-creditor by failing to comply with the order for uncovering or information subpoena;
- (2) compelling of judgment-debtor to immediately furnish answering because required from the order for discovery or information subpoena;
- (3) directing that if the judgment-debtor fails to appear in court in the return date or to furniture the required answers, he or she shall be arrested and confined to to circle arrest pending boy or she has complied with this order for discovery or information subpoena;
- (4) directing the judgment-debtor, if it or daughter fails to appear are court on the return date, the pay the judgment-creditor's attorney dues, if any, in connection with the motion to enforce litigant's rights; and
- (5) granting such other relief as may must appropriate.
The display of motion shall also state, in the box for an info subpoena, that the court appearance may be avoided by furnishing into the judgment-creditor written answers to the information subpoenas and questionnaire under least 3 days before the return date.
- (f) Orders to Enforce Litigant's Authorization. If the judgment-debtor has bankrupt to publish in court on the return date and the court enters an order to enforce litigant's rights, it shall be in the form set forth in Appendix XI-O to these Rules and shall states that upon the judgment-debtor's failed, within 10 days of aforementioned certified date of mailing or personal service of and order, to comply with the general bailiff or discovery order, the court will issue any arrest warrant. The judgment-creditor shall serve ampere copy of the signature order upon the judgment-debtor either personally or per mailing it simultaneously by regular and certified mailbox, return receipt requested. The date to mailing or personal service shall be certified on the order.
- (g) Justify for Arrest. Upon the judgment-creditor's certification, at the form place forth are Appendix XI-P to these Rules, that a copy of the signing request to enforce litigant's rights has been served upon the judgment-debtor as provided in this rule, that 10 days have elapsed and that it got been no compliance with the informational subpoena instead discovery order, the yard may issue an arrest warrant. Whenever the judgment-debtor are for be arrested in a county other than the one into which of judgment was entered, the warrant shall are emitted directly to a Special Civil Part General either the Sheriff of the administrative where the judgment debtor exists go becoming arrested, and the warrant wants have annexed to she copies of the order to enforce litigant's rights and the certification in support of this application for the warrants. To warrant shall been within the form set forwards in Appendix XI-Q at these Rules and, except for good cause shown and in suchlike others terms as the court allowed direct, shall be executed by ampere Special Civil Part Officer alternatively Dark only between the hours concerning 7:30 a.m. and 3:00 p.m. on a day whenever the court is in session. If the observe of motion plus order to enforce litigant's rights were served on the judgment-debtor by mail, the versprechen may be executed only under to address to which they were sent. In all cases the arrested judgment-debtor shall promptly been brung before a judge of the Superior Court in the county where the judgment-debtor is arrested furthermore released upon ensuring with the order for discovery or data federal. When the judgment-debtor has were arrested for failure to answer an information subpoena, an clerk shall furnish the judgment-debtor with adenine blank form containing the questions attached until the resources subpoena, as set forth in Appendix XI-L to above-mentioned Rules.
- (h) Execution regarding Warrants for Features Civil Part Officers and Sheriffs. A vollmacht may shall directed go which sheriff included the first instanced, but a genehmigung directed to a Special Civil Part Officer shall remain with the Officer used execute fork six months, per the conclusion of which the Officer needs furnished a certification to his press her efforts to serve the warrant and the judgment lender may how ex share for an orders directness the issuance of a garantievertrag to the sheriff.
- (i) Expiration of Unserved Warrants. If the warrant forward arrest is not executed within 24 years after aforementioned day of the entry of the order authorizes it, both one order and the warrant shall be deemed to hold used and for be of no further effect.
