A North Carolina Affidavit of Records Custodian Producing Subpoenaed Records is a sworn statement by a records' custodian that they are producing records in response to a subpoena. The affidavit must be sworn to before a Notary Public and must include the custodian's name, title, the name of the entity or person the records are held for, the date of the production of the records, the date of the subpoena, the type of records produced, a description of the records, and the manner of production. There are two different types of North Carolina Affidavit of Records Custodian Producing Subpoenaed Records: a records' custodian affidavit for the production of records by an entity, and a records' custodian affidavit for the production of records by an individual. The affidavit must include a statement that the records' custodian has searched the records for requested documents, and that they have either produced all records responsive to the subpoena or provided a list of documents that were not produced. The affidavit also must include a statement that the records' custodian did not produce any documents that are privileged.
North Carolina Affidavit of Records Custodian Producing Subpoenaed Records
Description
Definition and meaning
The North Carolina Affidavit of Records Custodian Producing Subpoenaed Records is a legal document used by a records custodian to affirm the authenticity of records being provided in response to a subpoena. This affidavit is essential in legal proceedings to validate that the documents supplied are genuine and were maintained in the normal course of business.
Who should use this form
This affidavit is primarily intended for individuals who serve as custodians of records within an organization. This includes:
- Business owners
- Office managers
- Compliance officers
- Legal representatives of an organization
These individuals must understand the importance of accurately representing the records produced and ensure compliance with legal requirements.
Key components of the form
The North Carolina Affidavit of Records Custodian Producing Subpoenaed Records contains several critical sections:
- Affiant Information: Name and title of the records custodian.
- Organization Details: Name and type of the organization to which the records belong.
- Records Authenticity Declaration: A statement confirming that the attached documents are true copies created in the ordinary course of business.
- Notary Section: Signature and commission details of a notary public validating the affidavit.
These components work together to establish the credibility of the records presented.
How to complete a form
Completing the North Carolina Affidavit of Records Custodian Producing Subpoenaed Records involves several steps:
- Fill in the Affiant Information: Provide your full name and job title.
- Organization Details: Enter the name and type of your organization.
- Affidavit Statement: Verify that the attached documents are authentic and maintained properly.
- Sign and date: Your signature confirms the affidavit, and the date must be included.
- Notarization: Take the completed document to a notary public for signing and sealing, which is required for legal validity.
Ensure all information is accurate to avoid complications during legal proceedings.
What to expect during notarization or witnessing
When obtaining notarization for the North Carolina Affidavit of Records Custodian Producing Subpoenaed Records, consider the following:
- Bring valid identification to confirm your identity to the notary.
- Ensure all parties involved are present if required.
- Review the document carefully; do not sign until you are in the notary's presence.
- The notary will ask you to affirm that the information in the affidavit is true before affixing their seal and signature.
This step is crucial as it enhances the document's legitimacy in a legal context.
Common mistakes to avoid when using this form
When preparing the North Carolina Affidavit of Records Custodian Producing Subpoenaed Records, users should avoid:
- Leaving sections blank or incomplete.
- Incorrectly identifying the organization or records.
- Failing to have the affidavit notarized.
- Using outdated or incorrect forms.
Being mindful of these common pitfalls can help ensure a smoother process and avoid potential legal issues.
How to fill out North Carolina Affidavit Of Records Custodian Producing Subpoenaed Records?
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FAQ
B. A command to each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated records, books, papers, documents, electronically stored information, or tangible things in the possession, custody, or control of that person therein specified.
The ICE Records and Data Management Unit is responsible for providing operational and policy oversight of Records and Information Management (RIM) functions across ICE and ensuring the agency is compliant with the Federal Records Act.
The Records Custodian Manages records at the office level and is the base for implementing records management policies and procedures by: Applying a records/retention schedule.
The document custodian certifies the complete and accurate representation of the documents within its control. Under the terms of the Master Custodial Agreement, documents may be released to the Issuer from time to time in connection with servicing. Only the Issuer may request the release of documents.
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.
A term used in litigation referring to a corporate (or other organizational) employee who exercises control over the organization's records in the ordinary course of business.
The subpoena subjects a person to an undue burden or expense. The subpoena is otherwise unreasonable or oppressive. The subpoena is procedurally defective. If you are served with a subpoena and want to know your rights or you need to file a motion to quash a subpoena, contact an attorney.
