AOC-G-100, Side Two, Rev. 2/18
© 2018 Administrative Ofce of the Courts
NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d).
(c) Protection of Persons Subject to Subpoena
(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. The court shall
enforce this subdivision and impose upon the party or attorney in violation of this
requirement an appropriate sanction that may include compensating the person
unduly burdened for lost earnings and for reasonable attorney’s fees.
(2) For production of public records or hospital medical records. - Where the subpoena
commands any custodian of public records or any custodian of hospital medical
records, as dened in G.S. 8-44.1, to appear for the sole purpose of producing
certain records in the custodian’s custody, the custodian subpoenaed may, in
lieu of personal appearance, tender to the court in which the action is pending by
registered or certied mail or by personal delivery, on or before the time specied
in the subpoena, certied copies of the records requested together with a copy of
the subpoena and an afdavit by the custodian testifying that the copies are true
and correct copies and that the records were made and kept in the regular course
of business, or if no such records are in the custodian’s custody, an afdavit to that
effect. When the copies of records are personally delivered under this subdivision,
a receipt shall be obtained from the person receiving the records. Any original or
certied copy of records or an afdavit delivered according to the provisions of this
subdivision, unless otherwise objectionable, shall be admissible in any action or
proceeding without further certication or authentication. Copies of hospital medical
records tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their attorneys in
depositions, until ordered published by the judge at the time of the hearing or trial.
Nothing contained herein shall be construed to waive the physician-patient privilege
or to require any privileged communication under law to be disclosed.
(3) Written objection to subpoenas. - Subject to subsection (d) of this rule, a person
commanded to appear at a deposition or to produce and permit the inspection and
copying of records, books, papers, documents, electronically stored information,
or tangible things may, within 10 days after service of the subpoena or before the
time specied for compliance if the time is less than 10 days after service, serve
upon the party or the attorney designated in the subpoena written objection to the
subpoena, setting forth the specic grounds for the objection. The written objection
shall comply with the requirements of Rule 11. Each of the following grounds may
be sufcient for objecting to a subpoena:
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other protected matter
and no exception or waiver applies to the privilege or protection.
c. The subpoena subjects a person to an undue burden or expense.
d. The subpoena is otherwise unreasonable or oppressive.
e. The subpoena is procedurally defective.
(4) Order of court required to override objection. - If objection is made under
subdivision (3) of this subsection, the party serving the subpoena shall not be
entitled to compel the subpoenaed person’s appearance at a deposition or to
inspect and copy materials to which an objection has been made except pursuant
to an order of the court. If objection is made, the party serving the subpoena may,
upon notice to the subpoenaed person, move at any time for an order to compel
the subpoenaed person’s appearance at the deposition or the production of the
materials designated in the subpoena. The motion shall be led in the court in the
county in which the deposition or production of materials is to occur.
(5) Motion to quash or modify subpoena. - A person commanded to appear at a
trial, hearing, deposition, or to produce and permit the inspection and copying of
records, books, papers, documents, electronically stored information, or other
tangible things, within 10 days after service of the subpoena or before the time
specied for compliance if the time is less than 10 days after service, may le
a motion to quash or modify the subpoena. The court shall quash or modify the
subpoena if the subpoenaed person demonstrates the existence of any of the
reasons set forth in subdivision (3) of this subsection. The motion shall be led
in the court in the county in which the trial, hearing, deposition, or production of
materials is to occur.
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all questions
asked when you are on the stand giving testimony.
• In answering questions, speak clearly and loudly enough to be heard.
• Your answers to questions must be truthful.
• If you are commanded to produce any items, you must bring them with you to court
or to the deposition.
• You must continue to attend court until released by the court. You must continue to
attend a deposition until the deposition is completed.
(6) Order to compel; expenses to comply with subpoena. - When a court enters an
order compelling a deposition or the production of records, books, papers,
documents, electronically stored information, or other tangible things, the order
shall protect any person who is not a party or an agent of a party from signicant
expense resulting from complying with the subpoena. The court may order that the
person to whom the subpoena is addressed will be reasonably compensated for
the cost of producing the records, books, papers, documents, electronically stored
information, or tangible things specied in the subpoena.
(7) Trade secrets; condential information. - When a subpoena requires disclosure of a
trade secret or other condential research, development, or commercial information,
a court may, to protect a person subject to or affected by the subpoena, quash or
modify the subpoena, or when the party on whose behalf the subpoena is issued
shows a substantial need for the testimony or material that cannot otherwise be met
without undue hardship, the court may order a person to make an appearance or
produce the materials only on specied conditions stated in the order.
(8) Order to quash; expenses. - When a court enters an order quashing or modifying
the subpoena, the court may order the party on whose behalf the subpoena is
issued to pay all or part of the subpoenaed person’s reasonable expenses
including attorney’s fees.
(d) Duties in Responding to Subpoena
(1) Form of response. - A person responding to a subpoena to produce records,
books, documents, electronically stored information, or tangible things shall
produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the request.
(2) Form of producing electronically stored information not specied. - If a subpoena
does not specify a form for producing electronically stored information, the person
responding must produce it in a form or forms in which it ordinarily is maintained or
in a reasonably useable form or forms.
(3) Electronically stored information in only one form. - The person responding need
not produce the same electronically stored information in more than one form.
(4) Inaccessible electronically stored information. - The person responding need
not provide discovery of electronically stored information from sources that the
person identies as not reasonably accessible because of undue burden or cost.
On motion to compel discovery or for a protective order, the person responding
must show that the information is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless order discovery
from such sources if the requesting party shows good cause, after considering
the limitations of Rule 26(b)(1a).The court may specify conditions for discovery,
including requiring the party that seeks discovery from a nonparty to bear the
costs of locating, preserving, collecting, and producing the electronically stored
information involved.
(5) Specicity of objection. - When information subject to a subpoena is withheld on
the objection that it is subject to protection as trial preparation materials, or that
it is otherwise privileged, the objection shall be made with specicity and shall be
supported by a description of the nature of the communications, records, books,
papers, documents, electronically stored information, or other tangible things not
produced, sufcient for the requesting party to contest the objection.
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass, or
intimidate a witness. If anyone attempts to do any of these things concerning your
involvement as a witness in a case, you should promptly report that to the district
attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to a small
daily fee, and to travel expense reimbursement, if it is necessary to travel outside the
county in order to testify. (The fee for an “expert witness” will be set by the presiding
judge.) After you have been discharged as a witness, if you desire to collect the
statutory fee, you should immediately contact the Clerk’s ofce and certify your
attendance as a witness so that you will be paid any amount due you.
INFORMATION FOR WITNESS
NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the box labeled “Name And
Address Of Applicant Or Applicant’s Attorney.”
