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Issuing a subpoena to the affiant


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I'm in NJ so I assume I use this form?

http://www.judiciary.state.nj.us/civil/forms/11010_subpoena_ducestecum_cp.pdf

Do I just fill out this form and hand it over to the other lawyers? I plan to subpoena the Affiant and their employment/resume records. The MSJ has been extended and the judge said that I have 30 days to do this, is this how i proceed?

Also i know that i'll have to pay the costs out of pocket, court reporter and transcripts, however what if they say the affiant cannot make it? Do I still pay and such? I'm guessing if this goes through the deposition will goto the lawyers office, I plan to attack the Affiant's sworn testimony that she knows about those records, knows business dealings, etc. While this is going on can I still file a motion to dismiss as well?

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  • 2 weeks later...

Thanks for that, i trying to call to see what is needed. Generally this Affiant of Debt person resides in another state would the deposition be held there or would this person travel to my state (nj)? And i send a check out of the travel expenses and such?

I'm also unsure if i should just issue a motion to compel for deposition or not?

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I've doing the research so here's how i will go

1. contact my local court reporting agency

2. ask them for some forms, (notice of desposition) i guess hire them? get a

a. room

b. court reporter

c. transcript

3. send that form out to the attorney, also put a copy into the clerk as well, do i have to send a copy to the affidant of debt person as well?

 

From examples a deposition could cost around $350, i'm guessing the other side will fight this in some way?

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