WHAT IF I HAVE WITNESSES TO CALL AT TRIAL OF MY SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, SPECIAL CIVIL PART CASE BUT THE WITNESSES MAY REFUSE TO SHOW UP?
If you have any witnesses that you need to testify for you at trial, then in advance of the New Jersey Special Civil Part trial and as required by court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if the case is adjourned). Such a subpoena must normally be personally served by a process server rather than by mail. If you want to force one of the parties to the case to testify as part of your case, since they might not show up at the New Jersey Special Civil Part trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of subpoena. If you think that you could have problems getting someone to show up to provide testimony at trial, you should have a process server serve them with a subpoena or if they are a party to the dispute, a notice in lieu of subpoena. Without witnesses to testify at trial (especially experts, discussed above), you may lose your case.
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