Civil Subpoena (Witness / Duces Tecum)

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01ISSUING ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Issuing Party (Client)

02CASE INFORMATION

County *

File No. *

Division

Plaintiff / Case Name *

Defendant *

03SUBPOENA TYPE

Subpoena Commands *

Proceeding Type

Hearing Date *

Hearing Time *

Deposition Location / Address *

04WITNESS INFORMATION

Witness Name *

Title / Position

Organization / Employer

Witness Address *

05DOCUMENTS REQUESTED (DUCES TECUM)

06SPECIAL NOTICES & CERTIFICATE OF SERVICE

HIPAA Protected Records Requested?

Employer Records (Employee's Personnel/Financial Records)?

Service Date *

Service Method

Person / Address Served

SELECTED COUNTY

— Select above —

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RULE 45 CHECKLIST

Issued by Clerk on attorney's request — or attorney can sign directly as officer of the court
Failure to comply is punishable as contempt of court
Must give reasonable time to comply with document requests
For deposition subpoena: must tender one day's witness fee ($20) + travel fee at time of service
Medical/mental health records: must give 10-day advance notice to the patient
Employee records: must give 10-day advance notice to the employee
Serve with copy of all papers in the case if commanding document production
Objecting party has 14 days before compliance to serve written objections

STATUTORY REFERENCE

G.S. 1A-1, Rule 45Subpoena

Rule 45(c)(2)Protect persons subject to subpoena

Rule 45(d)Duties on responding party

G.S. 8-53Physician-patient privilege

HIPAA §164.512(e)PHI in litigation

NEED AN ATTORNEY?

This form requires a licensed NC attorney to sign and file
Barker Richardson, PLLC → for civil litigation

Civil Subpoena — Witness and Duces Tecum

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RULE 45 CHECKLIST

STATUTORY REFERENCE

NEED AN ATTORNEY?