A North Carolina Subpoena for Documents to a Nonparty is a legal document used to request the production of specific documents or materials from an individual or entity who is not a party to the case. This type of subpoena empowers a party or their attorney to obtain relevant evidence from nonparties in order to support their claims or defenses during litigation. In North Carolina, there are several types of subpoenas for documents to a nonparty that may be used in different legal proceedings. These include: 1. Civil Subpoena for Documents to a Nonparty: This type of subpoena is frequently utilized in civil litigation cases, such as personal injury claims, contract disputes, or property disputes. It allows a requesting party to gather relevant documents from individuals or organizations who are not directly involved in the lawsuit but possess crucial information or evidence related to the case. 2. Criminal Subpoena for Documents to a Nonparty: In criminal cases, the prosecutor or defense attorney may issue a subpoena for documents to a nonparty to obtain evidence that could be favorable or unfavorable to the defendant. This could include bank records, phone records, emails, or other documents necessary to build a strong defense or establish guilt. 3. Grand Jury Subpoena for Documents to a Nonparty: When a grand jury is investigating potential criminal activity, it can issue subpoenas to nonparties in order to obtain documents or records that may provide insights into the alleged misconduct. These subpoenas are generally more expansive in scope and serve the purpose of aiding the grand jury's investigation. Regardless of the type of North Carolina subpoena for documents to a nonparty, there are certain key elements that should be included. These typically consist of the following: 1. Caption: The document should include the title of the case, including the plaintiff(s) and defendant(s), and the court in which the case is being litigated. 2. Case number: The assigned case number should be provided to ensure accurate tracking and reference. 3. Issuing attorney or party: The subpoena should clearly identify the attorney or party issuing the subpoena. 4. Recipient's information: The document should indicate the name, address, and contact details of the nonparty being subpoenaed. 5. Description of documents: It is essential to precisely specify the documents or materials being requested. This can be done either by explicitly listing the documents or by providing a general description of the types of documents sought. 6. Compliance deadline: The subpoena should specify a reasonable time within which the recipient must produce the requested documents or materials. 7. Witness fees and expenses: If applicable, the subpoena may indicate whether the nonparty will be compensated for any witness fees or reasonable expenses incurred in obtaining or producing the requested documents. It is crucial to consult with an attorney who specializes in North Carolina law to ensure that the subpoena is properly drafted, legally valid, and in compliance with all relevant rules and regulations.
North Carolina Subpoena for Documents to a Nonparty
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Undue Burden. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ. P. 45(d)(1).
In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.
Rule 45(c)(1) provides that the ?place of compliance? for subpoenas and the geographical scope of a court's authority to command a witness to testify at a trial, hearing, or deposition are: ?(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state ...
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.
Federal Rule of Civil Procedure 45 allows a court to quash a subpoena that requires a party to produce certain sensitive information. The examples provided in Rule 45 include trade secrets and confidential research, development, or commercial information.
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge.
Time to Object Under FRCP 45(d)(2)(B) Absent an agreement or court order stating otherwise, a subpoena recipient must serve any written objections on the party or attorney designated in the subpoena before the earlier of: The subpoena's return date (which issuing counsel sets). 14 days after the subpoena is served.