Getting discovery from a NJ resident.

Our firm can help you, make your case complete, by helping you to obtain remote out-of-state discovery within New Jeresey. Please contact the firm for more information or to schedule our appearance on your behalf. If you are an attorney from another jurisdiction and need a resident of New Jersey to produce discovery, be advised:

Where foreign litigation requires a non party witness’ written interrogatory answers, oral deposition or the production of a thing or writing, and the witness, located in New Jersey, will not voluntarily answer interrogatories, appear at an oral deposition or produce a thing or writing, the employment of the power of New Jersey’s courts to aid foreign litigation may be requested. New Jersey’s Court Rules provide a procedure to issue the necessary process through an ex-parte application. A New Jersey-licensed attorney may apply to the Superior Court ex parte with a pleading designated "A Petition Pursuant to R. 4:11-4." The petition requests that the New Jersey Superior Court exercise its judicial power and issue the necessary process to effectuate the foreign court’s decree concerning an out-of-state discovery. The New Jersey attorney will file the petition, a proposed form of order and the appropriate filing fee with the Superior Court Clerk. Although not explicitly addressed in the Court Rules, venue should be in the county where the witness resides or works. A Commission, Letters Rogatory or other similar judicial certificate issued in the forum state must support the petition.