Article Structure
In the realm of legal proceedings, the North Carolina Subpoena form serves a crucial role by enabling the legal system to gather necessary testimony and evidence from witnesses and document custodians. When properly executed, this form commands a specific individual to appear in court or at a deposition, or to produce certain documents for inspection and copying. Each subpoena must be signed and issued by the Clerk of Superior Court, a magistrate, or a judge, ensuring that it adheres to the state's legal guidelines. The form includes essential details such as the date, time, and location for appearances, along with specific instructions for the individual being subpoenaed, often referred to as the 'witness.' Notably, it allows space to outline any documents or items that need to be produced. The process doesn’t stop at issuance; efficient service is paramount, as the form allows for various methods of serving the subpoena, including personal delivery and certified mail. Additionally, there are important notes for parties not represented by legal counsel, ensuring they understand their rights and responsibilities. Noteworthy is the provision concerning protecting witnesses from undue burden and expense, as well as guidelines on objections to subpoenas, underscoring a balanced approach to legal compliance and individual rights. Understanding the nuances of the North Carolina Subpoena form can greatly aid those involved in legal proceedings, ensuring they navigate the requirements smoothly and effectively.
Nc Subpoena Example
STATE OF NORTH CAROLINA
County
File No.
In The General Court Of Justice
District |
Superior Court Division |
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Additional File Numbers |
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VERSUS |
SUBPOENA |
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G.S. |
Party Requesting Subpoena |
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NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be |
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State/Plaintiff |
Defendant |
signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge. |
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TO
Name And Address Of Person Subpoenaed
Alternate Address
Telephone No.
Telephone No.
YOU ARE COMMANDED TO: (check all that apply)
appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. 
produce and permit inspection and copying of the following items, at the place, date and time indicated below.
See attached list. (List here if space sufficient)
Name And Location Of Court/Place Of Deposition/Place To Produce
Name And Address Of Applicant Or Applicant’s Attorney
Telephone No. Of Applicant Or Applicant’s Attorney
Date To Appear/Produce, Until Released
Time To Appear/Produce, Until Released |
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PM |
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Date |
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Signature |
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Deputy CSC |
Assistant CSC |
Clerk Of Superior Court |
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Magistrate |
Attorney/DA |
District Court Judge |
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Superior Court Judge |
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RETURN OF SERVICE
I certify this subpoena was received and served on the person subpoenaed as follows:
By 
personal delivery. 
registered or certified mail, receipt requested and attached.
telephone communication by Sheriff (use only for a witness subpoenaed to appear and testify).
telephone communication by local law enforcement agency (use only for a witness subpoenaed to appear and testify in a criminal case). NOTE TO COURT: If the witness was served by telephone communication from a local law enforcement agency in a criminal case, the court may not issue a show cause order or order for arrest against the witness until the witness has been served personally with the written subpoena.
I was unable to serve this subpoena. Reason unable to serve: |
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Service Fee
$
Paid Date Served Due
Name Of Authorized Server (type or print)
Signature Of Authorized Server
Title/Agency
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
(Please see reverse side) |
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© 2018 Administrative Office of the Courts |
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NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d).
(c) Protection of Persons Subject to Subpoena
(1)Avoid undue burden or expense. - A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena. The court shall enforce this subdivision and impose upon the party or attorney in violation of this requirement an appropriate sanction that may include compensating the person unduly burdened for lost earnings and for reasonable attorney’s fees.
(2)For production of public records or hospital medical records. - Where the subpoena commands any custodian of public records or any custodian of hospital medical records, as defined in G.S.
lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian’s custody, an affidavit to that effect. When the copies of records are personally delivered under this subdivision, a receipt shall be obtained from the person receiving the records. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication. Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial. Nothing contained herein shall be construed to waive the
(3)Written objection to subpoenas. - Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or tangible things may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena:
a.The subpoena fails to allow reasonable time for compliance.
b.The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection.
c.The subpoena subjects a person to an undue burden or expense.
d.The subpoena is otherwise unreasonable or oppressive.
e.The subpoena is procedurally defective.
(4)Order of court required to override objection. - If objection is made under subdivision (3) of this subsection, the party serving the subpoena shall not be entitled to compel the subpoenaed person’s appearance at a deposition or to inspect and copy materials to which an objection has been made except pursuant to an order of the court. If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person’s appearance at the deposition or the production of the materials designated in the subpoena. The motion shall be filed in the court in the county in which the deposition or production of materials is to occur.
(5)Motion to quash or modify subpoena. - A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena. The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur.
(6)Order to compel; expenses to comply with subpoena. - When a court enters an order compelling a deposition or the production of records, books, papers, documents, electronically stored information, or other tangible things, the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, electronically stored information, or tangible things specified in the subpoena.
(7)Trade secrets; confidential information. - When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated in the order.
(8)Order to quash; expenses. - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all or part of the subpoenaed person’s reasonable expenses including attorney’s fees.
(d) Duties in Responding to Subpoena
(1)Form of response. - A person responding to a subpoena to produce records, books, documents, electronically stored information, or tangible things shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
(2)Form of producing electronically stored information not specified. - If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it ordinarily is maintained or in a reasonably useable form or forms.
(3)Electronically stored information in only one form. - The person responding need not produce the same electronically stored information in more than one form.
(4)Inaccessible electronically stored information. - The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost.
On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, after considering the limitations of Rule 26(b)(1a).The court may specify conditions for discovery, including requiring the party that seeks discovery from a nonparty to bear the costs of locating, preserving, collecting, and producing the electronically stored information involved.
(5)Specificity of objection. - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that it is otherwise privileged, the objection shall be made with specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, electronically stored information, or other tangible things not produced, sufficient for the requesting party to contest the objection.
INFORMATION FOR WITNESS
NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the box labeled “Name And
Address Of Applicant Or Applicant’s Attorney.”
DUTIES OF A WITNESS
•Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving testimony.
•In answering questions, speak clearly and loudly enough to be heard.
•Your answers to questions must be truthful.
•If you are commanded to produce any items, you must bring them with you to court or to the deposition.
•You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed.
© 2018 Administrative Office of the Courts
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, if it is necessary to travel outside the county in order to testify. (The fee for an “expert witness” will be set by the presiding judge.) After you have been discharged as a witness, if you desire to collect the
statutory fee, you should immediately contact the Clerk’s office and certify your
attendance as a witness so that you will be paid any amount due you.
Form Characteristics
| Fact Name | Description |
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| Legal Authority | The North Carolina Subpoena form is governed by several laws, including G.S. 1A-1, Rule 45 and G.S. 15A-801, -802. |
| Serving Process | Subpoenas must be signed and issued by the Clerk of Superior Court, or by a magistrate or judge. A personal delivery method is preferred for serving the subpoena. |
| Witness Obligations | Individuals who receive a subpoena are required to appear and testify or produce evidence as specified in the document. |
| Protection from Undue Burden | Rules protect individuals from being unduly burdened or subjected to excessive costs in response to a subpoena. Courts can impose sanctions for violations of these protections. |
Guidelines on Utilizing Nc Subpoena
Filling out a subpoena form is a crucial step in the legal process. Once the form is properly completed, it can be submitted to the court for issuance. Here’s a straightforward guide to help you navigate the Nc Subpoena form, ensuring you've got all the necessary information filled out correctly.
- Determine the Purpose: Clarify what you need the subpoena for. This will guide which options you check off in the form.
- Fill in the Case Information: On the top of the form, enter the state, county, and relevant file numbers of your case.
- Identify the Parties: Clearly list the names of the parties involved, such as the plaintiff and defendant.
- Provide Your Information: Indicate the name and address of the person being subpoenaed, including an alternate address and telephone number if available.
- Specify the Command: Check all applicable boxes for what you want the subpoenaed person to do, such as appearing in court or producing documents.
- Indicate the Details: Fill in the exact date, time, and location where the person is expected to appear or provide items.
- Complete Your Information: Write down your name and address or that of your attorney, along with the corresponding telephone number.
- Set a Date for Appearance: Specify the date and time the person needs to appear or produce the requested items.
- Sign the Form: Once everything is filled out, sign the form. Ensure it is signed by someone authorized, such as a clerk or an attorney, if you are asking them to issue it.
After completing these steps, make sure to submit the form to the Clerk of Superior Court. They will issue the subpoena and keep a copy for their records. Additionally, remember that a copy must be delivered to the attorney of each party involved in the case.
What You Should Know About This Form
What is a North Carolina subpoena form used for?
A North Carolina subpoena form is used to command an individual to appear in court or at a deposition, or to produce specific documents or items for inspection. This legal tool ensures that relevant information and testimony are accessible during legal proceedings.
Who can issue a subpoena in North Carolina?
In North Carolina, subpoenas can be issued by the Clerk of Superior Court, a judge, or a magistrate. Parties not represented by an attorney can request a subpoena, but it must still be signed and officially issued by one of the aforementioned officials.
What should I do if I receive a subpoena?
If you receive a subpoena, carefully read the document to understand what is being requested of you. You are obliged to comply with the subpoena unless you have valid reasons to object. If you believe the subpoena is unreasonable, you may file a motion to quash or modify it. Ensure you respond within the specified time frame to avoid legal complications.
What happens if I do not comply with a subpoena?
Failing to comply with a subpoena can lead to serious consequences, including contempt of court charges. If you ignore the subpoena, the court may issue sanctions against you, which could involve fines or other penalties. It is crucial to address the subpoena, whether by complying or filing an objection.
Are there protections for individuals receiving a subpoena?
Yes, North Carolina law protects individuals from undue burden or expense caused by compliance with a subpoena. If the subpoena requires you to produce documents or materials, you have the right to request that the court order compensation for reasonable costs incurred during compliance. Additionally, you can challenge the subpoena if it requires disclosure of privileged information.
Common mistakes
Filling out the North Carolina subpoena form can be a straightforward process, but many individuals make common mistakes that can hinder the validity of the subpoena or lead to confusion. One frequent error occurs with the incomplete or incorrect labeling of parties involved in the case. It's essential to ensure that both the requesting party and the recipient are accurately identified. Omitting details or misspelling names can result in disputes over the validity of the subpoena, making it difficult for the intended recipient to understand their obligations.
Another significant mistake is the failure to specify the details of the appearance or production requirements. The form allows for multiple options, such as appearing in court, attending a deposition, or producing documents. Many people forget to check all that apply or misinterpret what is being requested. This oversight can lead to inadequate compliance, as the recipient may not realize what is required until it is too late, resulting in potential legal ramifications for both parties.
In addition, many individuals neglect to provide proper contact information for both the applicant and the person subpoenaed. This includes accurate phone numbers and, when necessary, alternate addresses. Without this information, communication can break down, causing delays and misunderstandings. The court may need to reach the parties to clarify aspects of the subpoena after it has been served, and incorrect information could obstruct these efforts.
Lastly, a common oversight is failing to file a copy of the subpoena with the appropriate parties after it has been issued. It is crucial to remember that copies of the subpoena must be delivered to the attorneys or represented parties involved in the case. Skipping this step can result in a lack of awareness about the subpoena's terms and conditions, potentially leading to noncompliance and legal complications. By avoiding these mistakes, individuals can ensure that the subpoena process runs smoothly and effectively.
Documents used along the form
The North Carolina Subpoena form is a critical document used in legal proceedings to compel a person to testify or produce evidence. In conjunction with this subpoena, various other forms and documents may be necessary to ensure proper proceeding and compliance. Below is a list of commonly used documents in relation to the NC Subpoena form.
- Motion to Quash: This document is filed by a person who has received a subpoena but believes it should be annulled. Reasons can include overreach or undue burden. It allows the court to review the subpoena's validity before compliance.
- Objection to Subpoena: When a person believes they cannot comply with a subpoena, they can submit this written objection to outline their specific grounds for refusal. This must be done within 10 days of receiving the subpoena.
- Proof of Service: This document confirms that the subpoena was delivered to the person required to comply. It must detail how and when service occurred, ensuring all procedural rules were followed.
- Subpoena Duces Tecum: This variation of the subpoena specifically demands the recipient produce documents or records for examination, rather than just appearing for testimony.
- Witness Fee Claim Form: After appearing in response to a subpoena, witnesses can submit this form to receive compensation for their time and any required travel expenses.
- Affidavit of Records Custodian: If a subpoena requires the production of records, this affidavit may accompany certified copies of documents, attesting that they are accurate and kept in the regular course of business.
These forms help facilitate the legal process by ensuring all parties understand their rights and obligations. Having the appropriate documentation can significantly impact the outcome of legal proceedings and the responsibilities of those involved.
Similar forms
The NC Subpoena form shares similarities with several other legal documents, each serving specific purposes in judicial proceedings. Here is a list of ten documents that are comparable, along with explanations of how they relate to the subpoena:
- Summons: A summons initiates a lawsuit by notifying the defendant of the action and requiring their response, similarly to how a subpoena compels a witness to appear or produce evidence.
- Notice of Deposition: This document informs a party that a deposition will take place, specifying the time and place, much like a subpoena outlines when and where a witness must appear or produce documents.
- Interrogatories: Interrogatories are written questions sent by one party to another requiring written answers. Both subpoenas and interrogatories are tools for gathering information relevant to a case.
- Request for Production of Documents: This request requires a party to produce specific documents for inspection. It is similar to the document production requirements indicated in a subpoena.
- Request for Admission: This document asks a party to admit or deny the truth of certain statements. It encourages cooperation between parties, which is also a goal of subpoenas by compelling testimony or evidence.
- Civil Complaint: This document starts a civil lawsuit and outlines the plaintiff's claims. While a subpoena demands participation in the process, a complaint is foundational to the legal action itself.
- Witness Statement: A witness statement records a person's testimony in written form. Similar to a subpoena, it serves to ensure the witness's input is included in the case.
- Motion to Compel: This is a request made to the court asking to enforce compliance with a discovery request. Like a subpoena, it seeks to ensure parties provide necessary information.
- Affidavit: An affidavit is a sworn written statement used in court proceedings. It often serves to affirm a point, much like how a subpoena might compel someone to affirm their testimony in court.
- Court Order: A court order requires a person to perform or refrain from performing certain actions. This document may enforce compliance similar to a subpoena, especially in compelling testimony or document production.
Each of these documents plays a crucial role in the legal process, working together to facilitate the gathering and presentation of evidence and testimony in various types of cases.
Dos and Don'ts
Filling out the North Carolina subpoena form requires careful attention to detail. Here are nine things you should and shouldn't do:
- Do provide accurate information for the party requesting the subpoena.
- Don't submit the form without reviewing it for errors.
- Do ensure that the subpoena is signed and issued by the appropriate authority.
- Don't ignore the instructions regarding service of the subpoena to other parties involved in the case.
- Do clearly identify the person being subpoenaed and provide their contact information.
- Don't forget to specify the date, time, and location for compliance.
- Do include all required documents or items in the “produce” section if applicable.
- Don't use vague language that could cause confusion about what is being requested.
- Do keep a copy of the completed subpoena for your records.
Misconceptions
- Misconception 1: A subpoena can be issued without a court's approval.
- Misconception 2: You don’t have to respond to a subpoena if you are not a party to the case.
- Misconception 3: Subpoenas are only for criminal cases.
- Misconception 4: If you receive a subpoena, you can ignore it if you don't want to testify.
- Misconception 5: You can serve a subpoena by just sending it in the mail.
- Misconception 6: Once you receive a subpoena, you cannot challenge it.
- Misconception 7: Witness fees are optional and can be ignored.
This is not correct. In North Carolina, subpoenas must be signed and issued by the Clerk of Superior Court, a magistrate, or a judge. They cannot be created by just anyone.
Even if you are not directly involved, a subpoena legally requires you to respond. Failing to comply can lead to legal consequences.
This is false. Subpoenas are used in both civil and criminal cases. They can compel individuals to appear in court or produce documents regardless of the type of case.
Ignoring a subpoena is not an option. You must either comply or formally object to it within a specified timeframe.
A subpoena must be served in a specific manner. Options include personal delivery or sending it via registered or certified mail. Simply mailing it is not sufficient.
You have the right to challenge a subpoena. This can be done by filing a motion to quash or modify it within a certain timeframe, depending on the situation.
Witness fees are legally required. Individuals who testify under subpoena are entitled to reimbursement for their time and travel expenses.
Key takeaways
When filling out and using the North Carolina Subpoena form, it is vital to adhere to certain guidelines to ensure proper execution and compliance with legal requirements. Here are key takeaways to consider:
- Subpoenas must be issued by the Clerk of Superior Court, a magistrate, or a judge. Individuals not represented by counsel should request subpoenas through these officials.
- It is essential to specify what the subpoena commands, whether it involves appearing and testifying in court or producing documents for inspection. Clear instructions aid in avoiding confusion.
- A copy of the subpoena must be provided to the attorney for each party involved in the case. If a party lacks representation, the subpoena should be sent directly to them.
- Recipients of a subpoena have the right to file written objections within ten days of receipt. This can include challenges based on undue burden, confidentiality, or other specific grounds.
- Witnesses summoned by a subpoena are required to respond truthfully during their testimony and must produce any requested documents. They are entitled to witness fees and travel reimbursements when applicable.
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