Court Rule 1:9-5. Failure to Appear for Subpoena

Court Rule 1:9-5. Failure to Appear for Subpoena

Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.

Court Rule 1:9-4. Place of Service of Subpoena

Court Rule 1:9-4. Place of Service of Subpoena

A subpoena requiring the attendance of a witness at a hearing in any court may be served at any place within the State of New Jersey.

Court Rule 1:9-3. Service of Subpoena

Court Rule 1:9-3. Service of Subpoena

A subpoena may be served by any person 18 or more years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof.

Court Rule 1:9-2. For Production of Documentary Evidence and Electronically Stored Information; Notice in Lieu of Subpoena

Court Rule 1:9-2. For Production of Documentary Evidence and Electronically Stored Information; Notice in Lieu of Subpoena

A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).

Court Rule RULE 1:9. SUBPOENAS 1:9-1. For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena

Court Rule RULE 1:9. SUBPOENAS

1:9-1. For Attendance of Witnesses; Forms; Issuance; Notice in Lieu of Subpoena

A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If the witness is to testify in a criminal action for the State or an indigent defendant, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena.

Court Rule 1:8-10. Polling of Jury

1:8-10. Polling of Jury

Before the verdict is recorded, the jury shall be polled at the request of any party or upon the court's motion, and it shall be polled in every civil action if the verdict is not unanimous. If the poll discloses that there is not unanimous concurrence in a criminal action or concurrence by the number required by R. 1:8-2(c) in a civil action, the jury may be directed to retire for further deliberations or discharged.

Proposed New Rule 1:42 (“Continuing Legal Education”)

NOTICE TO THE BAR

Publication for Comment –

Proposed New Rule 1:42 (“Continuing Legal Education”) and

Proposed Deletion of Rule 1:26 (“Skills and Methods Course”)

The Supreme Court has reviewed the Final Report and Recommendations of the

Ad Hoc Committee on Continuing Legal Education submitted on November 10, 2008.

The Court is simultaneously publishing, in a separate notice, its Administrative

Determinations on the Ad Hoc Committee’s report and recommendations. To effectuate

the Administrative Determinations, the Court hereby publishes for notice and comment

proposed new Rule 1:42 (“Continuing Legal Education”) and the proposed deletion of

Rule 1:26 (“Skills and Methods Course”).

Those seeking to comment must do so, in writing, by Monday, November 9,

2009, to the following address:

Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Comments on Proposed New CLE Rule

Hughes Justice Complex; P.O. Box 037

Trenton, New Jersey 08625-0037

As an alternative, comments also may be submitted via Internet email at the

following address: Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court will not consider comments submitted anonymously. Those

who seek to have the Court consider their comments must include both their name and

address. Comments submitted in response to this Notice will be publicly available after

the Court has acted on the report.

Mark Neary, Esq.

Clerk of the Supreme Court

Dated: October 8, 2009

PROPOSED NEW RULE 1:42. CONTINUING LEGAL EDUCATION

1:42-1. Continuing Legal Education Required. An attorney holding a plenary license

to practice in this State shall be required to participate in a program of continuing legal

education in accordance with regulations adopted under these rules. In satisfaction of

the continuing legal education requirement, attorneys shall participate in twenty-four

hours of qualifying continuing legal education over a two-year period. Four of the

twenty-four hours of credit shall be concentrated in the areas of ethics and/or

professionalism. Attorneys shall demonstrate that they have satisfied the continuing

legal education requirement by certifying to their compliance at the end of the two-year

period. In addition, attorneys shall maintain all necessary records and documentation to

demonstrate such compliance in accordance with regulations adopted under these

Rules.

1:42-2. Board on Continuing Legal Education.

(a) Organization. The Supreme Court shall establish a Board on Continuing

Legal Education to administer the program of continuing legal education in accordance

with these rules. The Board shall consist of not more than eleven members of the bar

of the State of New Jersey, who shall be appointed by the Supreme Court. Three

members of the Board also shall serve as members of the Board on Attorney

Certification. Members shall be appointed for three-year terms, with the terms of

approximately one-third of the members expiring each year. No member who has

served four full three-year terms successively shall be eligible for immediate

reappointment. Members appointed to fill unexpired terms may be reappointed to four

successive terms. The Supreme Court annually shall designate a chair and vice chair

from among the members of the Board.

(b) Authority. The Board on Continuing Legal Education shall have the authority

to administer the program including, without limitation, the following:

(1) determine the courses and activities that qualify for continuing education

credit under the program;

(2) designate approved continuing legal education providers and approved

courses and programs that shall qualify for credit;

(3) monitor compliance with the program by providers and attorneys;

(4) promulgate regulations governing the continuing legal education program,

subject to the approval of the Supreme Court;

(5) establish a schedule of fees to be charged to service providers and to

attorneys to fund the administration of the program, subject to the approval of the

Supreme Court;

(6) cooperate with the Board on Attorney Certification in establishing and

administering the continuing legal education requirement for certified attorneys under

Rule 1:39-2(d); and

(7) make recommendations to the Court regarding changes to these rules, the

Board’s Regulations, and the program.

(c) Quorum. One more than half of the sitting members shall constitute a

quorum and all determinations shall be made by a majority of a quorum.

(d) Staffing and Funding. The day to day operations of the Board on

Continuing Legal Education shall be carried out by a staff operating under the

supervision of the Supreme Court Clerk’s Office. Staff salaries, benefits, and

operational costs shall be funded from fees imposed by regulations in accordance with

this rule. To the extent that the Board is not self-funding, funds necessary for the

operation of the continuing legal education program shall be provided by the

Administrative Office of the Courts.

(e) Audit. The Board shall retain an auditor to conduct financial audits as

recommended by the Director of the Administrative Office of the Courts.

1:42-3. Immunity. Members of the Board on Continuing Legal Education and their

lawfully appointed designees and staff shall be absolutely immune from suit based on

their respective conduct in performing their official duties.

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Rule 1:26 Skills and Methods Course [Proposed To Be Deleted]

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