North Carolina Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action

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US-AO-88
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Federal District Court form commanding appearance and testimony in United States District Court.


A North Carolina Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action is a legal document that compels an individual to appear and provide testimony in a civil proceeding. It is an essential tool used in the North Carolina court system to ensure witnesses provide accurate and necessary information to help resolve legal disputes. When a civil action is filed in North Carolina, parties involved may need to call witnesses to testify on their behalf. A subpoena is then issued by the requesting party or their attorney and served to the witness. There are two main types of North Carolina subpoenas to appear and testify in a hearing or trial in a civil action: 1. Subpoena ad testificandum: This type of subpoena commands a witness to appear before the court or administrative hearing and provide testimony, either orally or in writing, regarding the matters of the civil action. The testimony of the witness is crucial in providing relevant evidence to support either party's claims. 2. Subpoena duces tecum: This type of subpoena not only requires the witness to attend and testify but also compels the witness to bring specified documents, records, or tangible items related to the case. The documents or evidence sought are typically relevant to the issues being litigated and must be in the possession, custody, or control of the witness. This ensures that necessary evidence is presented during the hearing or trial. In both types of subpoenas, compliance with the subpoena is mandatory. Failure to obey a properly issued subpoena may result in legal consequences, such as being held in contempt of court. Keywords: North Carolina, subpoena, appear, testify, hearing, trial, civil action, witness, legal document, compelled, accurate information, court system, legal disputes, parties, attorney, witnesses, subpoena ad testificandum, subpoena duces tecum, evidence, compliance, contempt of court.

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Any judge of the superior court, judge of the district court, magistrate, or attorney, as officer of the court, may also issue and sign a subpoena. (1) Manner. - Any subpoena may be served by the sheriff, by the sheriff's deputy, by a coroner, or by any person who is not a party and is not less than 18 years of age.

SUBPOENAS MAY BE SERVED IN THE FOLLOWING MANNER: By telephone, but only by the sheriff, deputy sheriff, or other state law enforcement officer, and only where a person is being subpoenaed, not documents. 2. By delivery to the person named on the subpoena. H05 Subpoena - NC OAH NC OAH (.gov) ? hearings ? open NC OAH (.gov) ? hearings ? open PDF

These reasons may include any basis sufficient in law for holding the subpoena invalid, such as that the evidence is privileged, that the burden of appearance or production outweighs the relevance of the evidence sought, or other undue hardship.

(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.

Service of a subpoena for the attendance of a witness may be made by telephone communication with the person named therein only by an authorized server who shall be a sheriff, his designee who is not less than 18 years of age and not a party, or coroner, or by delivery of a copy to the person named therein or by ... North Carolina Rules of Civil Procedure, Process Serving Rules serve-now.com ? resources ? north-carolina serve-now.com ? resources ? north-carolina

The process server must be authorized by law to serve, over 21 years of age, not a party to the action, and not related by blood or marriage to any of the parties. Rule 4: How do I serve the other party with my Summons and Complaint? nccourts.gov ? inline-files ? Serviceproof nccourts.gov ? inline-files ? Serviceproof

If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.

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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. Nov 16, 2020 — The person named in the subpoena to produce documents must produce the documents in court at a specified time and testify to authenticate the ...- A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, ... – A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, or ... A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or. A request by mail must include 1) a cover letter containing the request for a subpoena, including the case name and case number, 2) a subpoena form (AO-88, AO- ... May 14, 2014 — A subpoena may require you to testify at a trial, a hearing, or a deposition. A subpoena may also require you to produce documents or other ... For these subpoenas, the witness should be requested to appear and testify and to produce the documents. The rule does permit hospital records custodians and ... Along with the subpoena, you must also serve a check for a witness fee. The fees are currently $25 a day plus $0.58 per mile (estimate the number of miles for a ... (4) The clerk of court in which the action is pending shall issue a subpoena, signed but otherwise blank, to a party requesting it, who shall complete it before ...

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North Carolina Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action