Subpoena {G-100}

AOC-G-100, Rev. 2/18 STATE OF NORTH CAROLINA County File No. SUBPOENA In The General Court Of Justice District Superior Court DivisionVERSUS Additional File NumbersG.S. 1A-1, Rule 45; 8-59, -61, -63; 15A-801, -802Party Requesting SubpoenaName And Address Of Person SubpoenaedTelephone No.Telephone No.Alternate Address State/Plaintiff DefendantNOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be TOYOU ARE COMMANDED TO: 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. RETURN OF SERVICE Date To Appear/Produce, Until ReleasedTime To Appear/Produce, Until ReleasedDateSignatureName And Address Of Applicant Or Applicant222s AttorneyTelephone No. Of Applicant Or Applicant222s Attorney I certify this subpoena was received and served on the person subpoenaed as follows:By personal delivery. telephone communication by Sheriff telephone communication by local law enforcement agency 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: . Magistrate Attorney/DA AM PMNOTE 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 FeeDate ServedSignature Of Authorized ServerTitle/Agency Paid Due (Please see reverse side)$ American LegalNet, Inc. www.FormsWorkFlow.com AOC-G-100, Side Two, Rev. 2/18NOTE: 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 unduly burdened for lost earnings and for reasonable attorney222s 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 certain records in the custodian222s custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by and correct copies and that the records were made and kept in the regular course 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 subdivision, unless otherwise objectionable, shall be admissible in any action or 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 (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 upon the party or the attorney designated in the subpoena written objection to the a. The subpoena fails to allow reasonable time for compliance.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) . - If objection is made under subdivision (3) of this subsection, the party serving the subpoena shall not be entitled to compel the subpoenaed person222s 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 person222s appearance at the deposition or the production of the county in which the deposition or production of materials is to occur.(5) . - 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 subpoena if the subpoenaed person demonstrates the existence of any of the in the court in the county in which the trial, hearing, deposition, or production of materials is to occur.DUTIES OF A WITNESS200 asked when you are on the stand giving testimony.200 200 200 If you are commanded to produce any items, you must bring them with you to court or to the deposition.200 You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed. (6) Order to compel; expenses to comply with subpoena. - When a court enters an order compelling a deposition or the production of records, books, papers, documents, electronically stored information, or other tangible things, the order expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, electronically stored (7) modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or (8) the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all or part of the subpoenaed person222s reasonable expenses including attorney222s fees.(d) Duties in Responding to Subpoena(1) Form of response. - A person responding to a subpoena to produce records, books, documents, electronically stored information, or tangible things shall produce them as they are kept in the usual course of business or shall organize (2) . - If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it ordinarily is maintained or in a reasonably useable form or forms.(3) . - The person responding need not produce the same electronically stored information in more than one form.(4) Inaccessible electronically stored information. - The person responding need not provide discovery of electronically stored information from sources that the On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery the limitations of Rule 26(b)(1a).The court may specify conditions for discovery, costs of locating, preserving, collecting, and producing the electronically stored information involved.(5) . - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that supported by a description of the nature of the communications, records, books, papers, documents, electronically stored information, or other tangible things not BRIBING OR THREATENING A WITNESSIt is a violation of State law for anyone to attempt to bribe, threaten, harass, o