This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
North Carolina Subpoena in a Case Under the Bankruptcy Code - B 256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
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 ...
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.
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.
Unlike subpoenas to be served in the United States, the clerk's office cannot routinely issue a subpoena to be served in a foreign country. The party seeking such a subpoena must move the court for an order directing the issuance of the subpoena pursuant to 28 U.S.C. § 1783.
A foreign subpoena must be submitted to the county clerk where discovery is to be performed in North Carolina to seek that an order is issued under the UIDDA and North Carolina. It is not necessary to appear in court to obtain the issuing of a subpoena under the UIDDA and North Carolina.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A foreign subpoena must be submitted to the county clerk where discovery is to be performed in North Carolina to seek that an order is issued under the UIDDA and North Carolina.