A North Carolina Subpoena in a Case Under the Bankruptcy Code — B 256 is a legal document filed in the state of North Carolina in relation to bankruptcy proceedings under the Bankruptcy Code. This subpoena is specifically governed by section B 256 of the Bankruptcy Code. When a bankruptcy case is underway in North Carolina, a B 256 subpoenas may be issued by a party involved in the case to compel the production of documents or the attendance of witnesses for testimony. This subpoena is a powerful tool that allows parties to gather evidence and information relevant to the bankruptcy proceedings. The North Carolina Subpoena in a Case Under the Bankruptcy Code — B 256 is typically used in Chapter 7 or Chapter 11 bankruptcy cases, and its purpose is to ensure that all parties involved have access to the necessary evidence and information to uphold the integrity of the bankruptcy process. In addition to the general B 256 subpoenas, there may be different types or variations of this subpoena, depending on the specific circumstances of the bankruptcy case. Some possible variations include: 1. Subpoena Ducks Cecum: This type of subpoena directs the recipient to produce specific documents or records relevant to the bankruptcy case. It is used when a party needs to obtain specific evidence or information that is in the possession of another party. 2. Subpoena Ad Testificandum: This type of subpoena compels individuals to appear in court or at a deposition to provide testimony related to the bankruptcy case. It is used when a party wants to obtain a person's direct statement or account of events under oath. 3. Subpoena for Employment Records: In cases where employment-related issues arise, such as wage claims or disputes, a specific subpoena for employment records may be issued. This subpoena seeks to obtain relevant employment-related information, such as payroll records or employment agreements. 4. Subpoena for Financial Records: If there is a need to examine financial transactions or bank records of an individual or entity involved in the bankruptcy case, a subpoena for financial records may be issued. This subpoena is designed to obtain financial statements, bank statements, tax records, or other financial documents. It's important to note that the North Carolina Subpoena in a Case Under the Bankruptcy Code — B 256 must comply with the specific regulations and procedures outlined in the Bankruptcy Code. Additionally, parties involved in bankruptcy proceedings should consult with an experienced attorney to ensure proper use and adherence to all relevant legal requirements.
North Carolina Subpoena in a Case Under the Bankruptcy Code - B 256
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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.