How do I subpoena a document in NC?
In North Carolina, an attorney, magistrate, judge, or a clerk of court may issue subpoenas. You can obtain the subpoena for from the clerk of court. We recommend that you have the sheriff serve the subpoena. Although, there is a fee involved with that.
How far in advance must a subpoena be served in NC?
– A party or attorney responsible for the issuance and service of a subpoena shall, within five business days after the receipt of material produced in compliance with the subpoena, serve all other parties with notice of receipt of the material produced in compliance with the subpoena and, upon request, shall provide …
Does a subpoena need to be notarized?
How to Serve a Subpoena. The first step is to fill out the proper forms and obtain the subpoena from the court clerk. Keep in mind that the document must be notarized and signed by the judge or attorney who issued it before it is legally binding.
Is there anyway to get out of a subpoena?
You can get out of a court subpoena by filing a motion to quash the subpoena with the court. To file the motion, however, you must have a very good reason that will convince the court that you should not have to appear and testify.
How do I quash a subpoena in NC?
In addition to objecting, you can file a “motion to quash” the subpoena. Once you object, you have responded to the subpoena for the time being. The burden then shifts to the party sending the subpoena to resolve the objections, including use of a court hearing if necessary.
What are the three divisions of North Carolina General court of Justice?
The court system is separated into three divisions:
- Appellate Division.
- Superior Court Division.
- District Court Division.
What are the requirements of a subpoena in North Carolina?
The subpoena “must specify with as much precision as fair and feasible the particular items desired.” State v. Newell, 82 N.C. App. 707, 708 (1986). It must describe the items sought “with such definiteness that the witness can identify them without prolonged or extensive search.” Vaughan v. Broadfoot, 267 N.C. 691, 696 (1966).
Who can issue a subpoena to produce documents?
Any attorney for a party (which would include a prosecutor), judge, magistrate, or the clerk of superior court for the county where the proceeding will be held may issue a subpoena to produce documents.
What is the object of a subpoena duces tecum in NC?
Wal-Mart Stores, Inc., 138 N.C. App. 644 (2000) (“The object of the subpoena duces tecum is to secure the production of evidence for presentation to the court, not to secure items for inspection. […] Thus, this subpoena is not properly used for discovery purposes.”);
Can documents not subject to the Criminal discovery statute be subpoenaed?
Johnson, 57 F.3d 1305 (4th Cir. 1995) (“another alternative for the production of documents not subject to the criminal discovery statute is the use of a subpoena duces tecum” ); State v. Newell, 82 N.C. App. 707 (1986) (“documents not subject to the criminal discovery statute may still be subject to a subpoena duces tecum ”).