A North Carolina Civil Trial Subpoena Ducks Cecum is a legally binding document issued by the court to compel the production of documents or tangible evidence relevant to a civil trial case in North Carolina. This type of subpoena is essential for obtaining specific records, materials, or files from a third-party witness or entity to establish facts, support claims, or refute arguments presented in a civil litigation proceeding. The North Carolina Civil Trial Subpoena Ducks Cecum serves as a means to collect evidence essential for a fair trial, ensuring the parties involved have access to relevant information necessary for presenting their cases effectively. By issuing this subpoena, the court empowers individuals or organizations the authority to request specific documents, records, or any other tangible items that may be important to a particular legal matter pending before the court. There are different types of North Carolina Civil Trial Subpoena Ducks Cecum, each specifying the particular types of documents or evidence being sought. These may include: 1. Medical Records Subpoena Ducks Cecum: This pertains to requests for medical records, including documents relating to medical treatment, diagnoses, prescriptions, and any relevant health information. These documents can be crucial in personal injury, medical malpractice, or workers' compensation cases. 2. Employment Records Subpoena Ducks Cecum: This type of subpoena focuses on obtaining employment-related records such as personnel files, wage and hour data, performance evaluations, and disciplinary records. It may be relevant in cases involving wrongful termination, discrimination, or workplace safety violations. 3. Financial Records Subpoena Ducks Cecum: Used to acquire financial records, such as bank statements, tax returns, financial statements, loan documents, and other relevant financial data. These records are often critical in cases involving fraud, breach of contract, or disputes over monetary damages. 4. Business Records Subpoena Ducks Cecum: Designed to obtain documents related to business transactions, contracts, communications, invoices, and other records that can unveil important facts about a business's operations, financial situation, or legal obligations. It can be applicable in cases of business disputes, partnership dissolution, or antitrust violations. 5. Real Estate Records Subpoena Ducks Cecum: This subpoena targets evidence related to real estate transactions, property ownership, deeds, surveys, or any other relevant documents concerning the property in question. It is commonly used in disputes involving real estate contracts, boundary disputes, or property title issues. 6. Government Records Subpoena Ducks Cecum: This type of subpoena seeks to obtain records or documents held by government entities, such as police reports, permits, licenses, or any other documents maintained by the government. It may be utilized in cases involving constitutional rights violations, administrative appeals, or public interest litigation. In conclusion, the North Carolina Civil Trial Subpoena Ducks Cecum is a powerful tool for acquiring specific documents or tangible evidence crucial to civil trial proceedings in the state. Its variants address various categories of evidence required to support legal arguments or refute claims in specific types of civil cases, ensuring a fair and comprehensive examination of the facts.
North Carolina Civil Trial Subpoena Duces Tecum
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How to fill out North Carolina Civil Trial Subpoena Duces Tecum?
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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.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974). See Category: Courts and Procedure.
Common grounds for filing a motion to quash are that the individual is outside the subpoena range, or that the items to be produced are unavailable within the specified time or at the specified location. Other common grounds for filing a motion to quash include undue burden and expense.
In North Carolina, an attorney, magistrate, judge, or a clerk of court may issue subpoenas. You can obtain the subpoena for from the clerk of court. We recommend that you have the sheriff serve the subpoena. Although, there is a fee involved with that.
(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.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.