Subpoena From NJ Division of Alcoholic Beverage Control
The New Jersey Division of Alcoholic Beverage Control wields a great deal of power. Beyond regulating the New Jersey Alcoholic Beverage industry, the Director of ABC also has the inherent power to subpoena any individual, regardless of their involvement in the industry. Failure to comply with a subpoena may result in civil motions and formal charges. Understanding what your rights are in these proceedings can prevent you from exposing yourself to any civil or criminal liability. If you were served with a Subpoena, courtesy of the New Jersey Division of Alcoholic Beverage Control, contact the attorneys at Proetta, Oliver & Fay. We focus our practice on Alcoholic Beverage laws and litigation. Former NJ ABC Deputy Attorney General, William C. Fay, IV, spent his career filing these types of subpoenas and demands on behalf of the Attorney General and ABC Director. He can put his practical experience to work protecting you and your interests. Call 732.858.5857 today and speak with Mr. Fay about your matter.
N.J.S.A. 33:1-35 Lawyers
Pursuant to 33:1-35:
“For the purpose of any investigation, examination or inspection, revocation, rule to show cause and every other proceeding authorized under this chapter or appropriate for its enforcement, the director, his deputy directors, attorneys and legal assistants designated to act on his behalf, and each other issuing authority may examine, under oath, any and all persons whatsoever and compel by subpoena the attendance of witnesses and the production of books, records, accounts, papers and documents of any person or persons and the director, his deputy directors, inspectors and investigators and each other issuing authority may take any oath or affirmation of any person to any deposition, statement, report or application required in the administration of this chapter, or of any and all other laws now or which may hereafter be in force and effect concerning alcoholic beverages, or the manufacture, distribution and the sale thereof, or the collection of taxes thereon.
If a person subpoenaed to attend any hearing refuses or fails to appear or to be examined, or to answer any question or to produce any books, records, accounts, papers and documents when ordered so to do by the director, the director or other issuing authority, as the case may be, may apply to the Superior Court to compel the person to comply forthwith with the subpoena, direction or order of the director or the other issuing authority, as the case may be.”
What is Subpoena Ad Testificatum from New Jersey Alcoholic Beverage Control?
There are two types of subpoenas that may be issued by the New Jersey Division of Alcoholic Beverage Control Director: Subpoena Ad Testificandum and Subpoena Duces Tecum. But what is the difference?
- Subpoena Ad Testificandum — Requires an individual’s testimony at a trial or hearing is needed.
- Subpoena Duces Tecum — Requires an individual’s appearance and production of documents or other objects are needed at a trial or hearing.
New Jersey Liquor Law Attorneys
If you received either of these documents, it is likely because you are neither an owner or employee of a liquor licensed establishment. Nevertheless, pursuant to the Director’s authority, you are required to abide by these demands. Do not let the New Jersey ABC force you into any potential criminal or civil liability. Call the New Jersey liquor law attorneys at Proetta, Oliver & Fay. Our Alcoholic Beverage Law practice is headed by former ABC Deputy Attorney General, William C. Fay, IV. Allow him to protect you and your interests in any hearing or subpoena with the Division of Alcoholic Beverage Control. Call 732.858-5857 today for your consultation.
