NORTH CAROLINA CRIMINAL COURT — SUBPOENA

Criminal Subpoena (Witness / Records)

G.S. 15A-801 & G.S. 15A-802 · Issued by the Clerk on attorney's request. Failure to comply = contempt. Fill in details and download a court-ready PDF.
← FORMVANA NC FORMS VIEW ALL FORMS →
01 ISSUING ATTORNEY INFORMATION
02 CASE AND HEARING INFORMATION
03 SUBPOENA TYPE
WITNESS SUBPOENA — APPEAR AND TESTIFY
04 WITNESS / RECORDS CUSTODIAN
05 RECORDS / DOCUMENTS REQUESTED
Note: Medical/mental health records may require HIPAA compliance + patient authorization or a qualifying court order. Banking records may require additional procedural steps. Consult applicable federal and state law.
06 APPEARANCE / PRODUCTION DEADLINE & CONTACT

CONTACT FOR QUESTIONS ABOUT THIS SUBPOENA

SELECTED COUNTY
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NC CRIMINAL SUBPOENAS — KEY RULES

  • Criminal subpoenas are issued by the Clerk of Superior Court on attorney's written request — the Clerk signs and seals
  • Failure to comply = contempt of court — enforceable by arrest
  • Records subpoenas may require 10-day notice to opposing party before the return date
  • Medical and mental health records: HIPAA compliance + applicable state law required; may need patient authorization or court order
  • Banking records: Right to Financial Privacy Act may impose additional notice requirements
  • Out-of-state witnesses require domestication in the witness's home state — build in extra lead time
  • Serve subpoenas early — at least 10–14 days before the hearing for records; more for out-of-state

STATUTORY REFERENCE

G.S. 15A-801Criminal subpoena
G.S. 15A-802Issuance by clerk
G.S. 15A-803Out-of-state witnesses
HIPAA 45 C.F.R. 164Medical records
12 U.S.C. § 3401Financial records

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