New Jersey § 5:12-128

§ 5:12-128.

a. Whenever the Attorney General has reason to believe that any person or enterprise

may be in possession, custody, or control of any documentary materials relevant to

an investigation under this act, he may, prior to the institution of a civil or criminal

proceeding thereon, issue in writing, and cause to be served upon such person, a civil

investigative demand requiring such person to produce such material for examination. b. Each such demand shall: (1) State the nature of the conduct constituting the alleged violation which is under

investigation and the provision of law applicable thereto; (2) Describe the class or classes of documentary material to be produced thereunder

with such specificity and certainty as to permit such material to be fairly identified; (3) Prescribe a return date which will provide a reasonable period of time within

which the material so demanded may be assembled and made available for inspection

and copying or reproduction; and (4) Identify the custodian to whom such material shall be made available. c. No such demand shall: (1) Contain any requirement which would be held to be unreasonable if contained in

a subpoena duces tecum issued in aid of a grand jury investigation; or (2) Require the production of any documentary evidence which would be otherwise privileged

from disclosure if demanded by a subpoena duces tecum issued in aid of a grand jury

investigation. d. Service of any such demand or any petition filed under this section may be made

upon a person by: (1) Delivering a duly executed copy thereof to any partner, executive officer, managing

agent, or general agent thereof, or to any agent thereof authorized by appointment

or by law to receive service of process on behalf of such person, or upon any individual

person; (2) Delivering a duly executed copy thereof to the principal office or place of business

of the person to be served; or (3) Depositing such copy in the United States mail, by registered or certified mail

duly addressed to such person at its principal office or place of business. e. A verified return by the individual serving any such demand or petition setting

forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied

by the return post office receipt of delivery of such demand. f. Any person upon whom any demand issued under this section has been duly served

shall make such material available for inspection and copying or reproduction to the

Attorney General at the principal place of business of such person, or at such other

place as the Attorney General and such person thereafter may agree and prescribe in

writing, on the return date specified in such demand or on such later date as the

Attorney General may prescribe in writing. Upon written agreement between such person and the Attorney General, copies may

be substituted for all or any part of such original materials. The Attorney General may cause the preparation of such copies of documentary material

as may be required for official use by the Attorney General. While in the possession of the Attorney General, no material so produced shall be

available for examination, without the consent of the person who produced such material,

by any individual other than the Attorney General or his duly appointed representatives. Under such reasonable terms and conditions as the Attorney General shall prescribe,

documentary material while in his possession shall be available for examination by

the person who produced such material or any duly authorized representatives of such

person. g. Upon completion of: (1) The review and investigation for which any documentary material was produced under

this action, and (2) Any case or proceeding arising from such investigation, the Attorney General shall

return to the person who produced such material all such material other than copies

thereof made by the Attorney General pursuant to this section which has not passed

into the control of any court or grand jury through the introduction thereof into

the record of such case or proceeding. h. When any documentary material has been produced by any person under this section

for use in any racketeering investigation, and no such case or proceeding arising

therefrom has been instituted within a reasonable time after completion of the examination

and analysis of all evidence assembled in the course of such investigation, such person

shall be entitled, upon written demand made upon the Attorney General, to the return

of all documentary material other than copies thereof made pursuant to this section

so produced by such person. i. Whenever any person fails to comply with any civil investigative demand duly served

upon him under this section or whenever satisfactory copying or reproduction of any

such material cannot be done and such person refuses to surrender such material, the

Attorney General may file in the Superior Court a petition for an order of such court

for the enforcement of this section. j. The provisions of this section shall not apply to any situation covered by the

provisions of section 79 of this act, 1 and shall in no way limit the division's authority under that section. 1

N.J.S.A. § 5:12-79.