12-07-06 A-1895-05T1
On motion of the State's adversary in this civil forfeiture
proceeding, the trial court quashed a subpoena for bank records
that did not comply with Rule 4:14-7(c), precluded the State
from issuing another, granted summary judgment against the State
and required the State to pay counsel fees pursuant to Rule 1:4-
8. Prior to commencing this forfeiture action, however, the
State demonstrated probable cause and obtained a court order
that authorized seizure of the account and compelled the bank to
surrender related records.
We conclude that it was a mistaken exercise of discretion
to impose a sanction tantamount to a dismissal of the State's
case under these circumstances. The deviation did not prejudice
the litigant or deprive him of the protection that Rule 4:14-
7(c) was designed to afford.
We also conclude that the court erred in imposing sanctions
under Rule 1:4-8. The moving party did not follow the
procedural requirements of Rule 1:4-8(b). Moreover, there was
no basis for a finding that the subpoena was issued for an
improper purpose or without the evidential support required at
this early stage of the proceeding. See R. 1:4-8(a)(1)-(4).
