How to Subpoena a Witness in NJ Small Claims Court

When You Need a Subpoena

A subpoena compels a person to appear in court and testify. You need one when a witness who has relevant information about your case will not attend the hearing voluntarily.

In New Jersey small claims court, written witness statements — even sworn ones — are not admissible. The judge requires live testimony from anyone whose account you want the court to consider. If your key witness is a neighbor who saw the damage, a mechanic who inspected the work, or a coworker who overheard a conversation, they must show up at the hearing in person or via the court's virtual platform.

If the witness is willing to come, you do not need a subpoena. Just confirm the date, time, and location with them ahead of time. The subpoena is for the witness who is reluctant, unresponsive, or needs an official court order to justify missing work.

How Subpoenas Work Under Rule 1:9-1

New Jersey Court Rule 1:9-1 governs subpoenas in all court divisions, including the Special Civil Part's Small Claims Section. A subpoena ad testificandum commands a person to appear and testify. A subpoena duces tecum commands a person to bring specific documents or records to the hearing.

As a self-represented litigant, you may issue a subpoena in the name of the Clerk under Rule 1:9-1. The process:

1. Obtain the subpoena form. The Special Civil Part Clerk's office in your county can provide a blank subpoena form, or you can find one on njcourts.gov.

2. Fill in the details. Include the case name, docket number, the witness's full name and address, the date and time of the hearing, the courthouse address (or virtual hearing information), and a description of any documents the witness should bring.

3. Include the witness fee. Under N.J.S.A. 22A:1-4, you must tender the statutory attendance fee when the subpoena is served. The fee is $2 per day; a witness who lives in another county also receives $2 for each 30 miles of travel to the court and back. Failing to include the required fee can give the witness grounds to challenge the subpoena.

4. Serve the subpoena. A subpoena requiring testimony must be delivered to the witness — not just mailed. Service can be made by any person who is at least 18 years old. A subpoena seeking only documents may be sent by registered, certified, or ordinary mail, but it is enforceable that way only if the recipient signs an acknowledgment and waives personal service.

5. Allow reasonable notice. Serve the subpoena at least five days before the hearing so the witness has time to arrange their schedule. Serving it earlier gives the witness more time to respond.

Subpoenaing Documents

If you need business records, repair logs, or other documents held by a third party, use a subpoena duces tecum. The subpoena must describe the documents specifically enough that the recipient knows what to bring. "All records" is too vague. "Repair invoice #4521 dated March 15, 2026, for work performed at 42 Oak Street, Newark, NJ" tells the recipient exactly what you need.

If you need only records, ask the clerk how to use the subpoena duces tecum form and how the records should be delivered. If you also need the custodian to explain or authenticate them, the subpoena should command the custodian to appear. A records-only subpoena served by mail is enforceable only upon receipt of a signed acknowledgment and waiver of personal service.

What Happens If the Witness Ignores the Subpoena

A person who is properly served with a subpoena and fails to appear can be held in contempt of court. In practice, judges in the Small Claims Section are more likely to grant you an adjournment so you can re-serve the witness or enforce compliance, rather than immediately pursuing contempt.

If your key witness does not show up, tell the judge immediately. The court may reschedule the hearing to give you another opportunity to secure the witness's attendance.

Limits of a Subpoena

A subpoena compels attendance and testimony. It does not guarantee that the witness will say what you hope they will say. The witness testifies under oath and answers questions from both sides — you and the opposing party.

You also cannot subpoena someone to testify about privileged information (attorney-client communications, certain medical records) without meeting additional legal requirements.

Practical Advice

Before going through the subpoena process, try calling or writing the witness and explaining why their testimony matters. Many people are willing to help but need to know the date, location, and how long they will be needed. An hour at the courthouse is more palatable than an open-ended commitment.

If the witness needs a formal document to show their employer for time off, the subpoena itself serves that purpose — some witnesses actually prefer receiving one because it makes their absence from work an official court obligation rather than a personal favor.

The Responding to a Small Claims Case in New Jersey guide covers witness preparation alongside evidence organization, including how to structure your questions for both your own witnesses and cross-examination of the opposing party's.

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