A North Carolina Subpoena to Testify at a Deposition-AO 88A) is a legal document issued by a court in the state of North Carolina. It is used to compel a person to appear before the court or a deposition to testify under oath about matters relevant to a legal proceeding. The subpoena is signed by a court clerk and is typically served by a law enforcement officer or process server. It typically includes the date, time, and place of the deposition, along with a demand that the recipient appear and give testimony or produce documents. There are two types of North Carolina Subpoena to Testify at a Deposition-AO 88A): a deposition subpoena and a trial subpoena. A deposition subpoena is used to compel a person to attend a deposition, which is a formal hearing with an attorney or representative of a party. A trial subpoena, on the other hand, is used to compel a person to appear and testify at a trial.
North Carolina Subpoena to Testify at a Deposition-AO 88A)
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FAQ
Can I plead the Fifth if subpoenaed to testify or produce documents to a congressional committee? Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to that person or by registered or certified mail, return receipt requested.
By mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and delivering to the addressee.
NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d). (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.
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
Failure to comply with a subpoena could result in a judge issuing a show cause order or an order for arrest against you, which in turn could lead to a fine or imprisonment.
However, refusing to go to court and testify means you are in contempt of court, a misdemeanor crime that is punishable by a $1,000 fine and/or up to 1 year in jail. Before charging you for contempt of court, the court may issue a body attachment which is like a warrant for your arrest.
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.