Fill and Sign the Rule 45 Subpoena a in General 1 Form Dc Courts

AOC-G-100, Rev. 2/18 © 2018 Administrative Of�ce of the Courts STATE OF NORTH CAROLINA County File No. SUBPOENA In The General Court Of Justice District Superior Court Division VERSUS Additional File Numbers G.S. 1A-1, Rule 45; 8-59, -61, -63; 15A-801, -802 Party Requesting Subpoena Name And Address Of Person Subpoenaed Telephone No. Telephone No. Alternate Address State/Plaintiff Defendant NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be signed and issued by the of�ce of the Clerk of Superior Court, or by a magistrate or judge. TO 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 suf�cient) RETURN OF SERVICE Name And Location Of Court/Place Of Deposition/Place To Produce Date To Appear/Produce, Until Released Time To Appear/Produce, Until ReleasedDateSignature Name And Address Of Applicant Or Applicant’s Attorney Telephone No. Of Applicant Or Applicant’s Attorney I certify this subpoena was received and served on the person subpoenaed as follows: By personal delivery. registered or certi�ed 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: . Deputy CSC Assistant CSC Clerk Of Superior Court Magistrate Attorney/DA District Court Judge Superior Court Judge AM PM 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. Service Fee Date Served Name Of Authorized Server (type or print) Signature Of Authorized Server Title/Agency Paid Due (Please see reverse side) $ AOC-G-100, Side Two, Rev. 2/18 © 2018 Administrative Of�ce of the Courts 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 de�ned in G.S. 8-44.1, to appear for the sole purpose of producing certain records in the custodian’s custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certi�ed mail or by personal delivery, on or before the time speci�ed in the subpoena, certi�ed copies of the records requested together with a copy of the subpoena and an af�davit 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 af�davit 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 certi�ed copy of records or an af�davit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or proceeding without further certi�cation 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 physician-patient privilege or to require any privileged communication under law to be disclosed. (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 speci�ed 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 speci�c grounds for the objection. The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be suf�cient 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 �led 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 speci�ed for compliance if the time is less than 10 days after service, may �le 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 �led in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. DUTIES OF A WITNESS