North Carolina
The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within North Carolina:
The party seeking the subpoena must comply with the following statute:
Click here for North Carolina Uniform Interstate Depositions and Discovery Act
Serving the subpoena:
Click here for North Carolina Rule 45 on issuance and service of subpoena
North Carolina sample subpoena:
Click here for North Carolina Subpoena Form
Click here for North Carolina Courts Main Forms Website
Required Steps:
- To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in North Carolina. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.
- When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly open an appropriate court file, assign a file number, collect the applicable filing fee and issue a subpoena for service upon the person to which the foreign subpoena is directed.
- A subpoena under this section must:
- Incorporate the terms used in the foreign subpoena; and
- Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
- Service of subpoena shall be in compliance with North Carolina Rules of Civil Procedure.
- Pay any court costs/filing fees as outlined here:
Witness fees:
As per North Carolina statute 7A-314, witnesses are entitled to receive $5 a day. Mileage is paid at the same rate as state employees, currently .54 a mile.
Notice time:
As per Rule 30, notice shall be served on all parties at least 15 days prior to the taking of the deposition when any party required to be served resides without the State and shall be served on all parties at least 10 days prior to the taking of the deposition when all of the parties required to be served reside within the State.
Notice to adverse parties:
As per Rule 45, Service of copy – a copy of the subpoena served shall also be served upon each party in the manner prescribed by Rule 5(b).