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Ely
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I am a pro se plaintiff in a 42 USC 1983 case before U.S. District

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I am a pro se plaintiff in a 42 USC 1983 case before U.S. District Court, Newark, N.J. With regard to my Notice to Produce (documents), is it necessary or advisable to issue subpoenas to each defendant to compel this production, or should I issue a subpoena to the counsel for defendants, or is it necessary to issue subpoenas at all?

Roger
Hello friend,

It is not necessary to do so.

Please understand the difference between a discovery notice and a subpoena.

A discovery notice is sent to a PARTY IN THE CASE to get them to turn over pertinent evidence/information.

A subpoena is sent to a NON-PARTY IN THE CASE to get them to turn over pertinent evidence/information.

Once a Notice to Produce is initiated, it acts as the request. There is no need for a subpoena.

I hope this helps and clarifies. Good luck.

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