Serving a subpoena for discovery documents in North Carolina can be a daunting process and is one of the most important steps in conducting the discovery process. While the process may seem complicated, this step-by-step guide provides an easy-to-follow pathway for you to navigate the North Carolina laws and rules of civil procedure to properly serve a subpoena for discovery documents. From understanding the different types of civil actions to understanding the deadlines and requirements for each situation, this guide will provide you with the information you need to successfully serve a subpoena in North Carolina.
Types of Civil Actions in North Carolina
There are two types of civil actions that can be brought in North Carolina: tort and contract. Tort actions are those actions in which one party is alleging a civil wrong has occurred. Contract actions, on the other hand, deal with disputes and disagreements pertaining to breach of contract. If a party is seeking damages, they must be certain to file their complaint in tort. If a party is seeking to recover money they are owed, such as a breach of contract, they must file their complaint in contract.
Who Can Serve a Subpoena for Discovery Documents
The person who is conducting the discovery process hands-on will serve the subpoena. If a party is representing themselves, they will be responsible for doing so. If a party retains counsel, then the attorney will be responsible for serving the subpoena.
Requirements for Serving a Subpoena for Discovery Documents
The party serving the subpoena must be familiar with the North Carolina rules of civil procedure and understand the requirements for serving a subpoena. The party may disregard all other aspects of the discovery process and simply attempt to serve the subpoena by the due date and time. If the party does not follow the North Carolina rules of civil procedure, they will likely be subject to sanctions by the judge and the subpoena may be quashed.
Deadlines for Serving a Subpoena for Discovery Documents
The party receiving the subpoena for discovery documents has a certain amount of time to respond to the subpoena. The party will likely receive a notice with a return date by which they must respond. If a party fails to respond to a subpoena, they could be held in contempt of court and subject to fines, fees, or even jail time. If a party is being served a subpoena, they must respond by the due date listed on the subpoena. The party must submit the documents requested by the subpoena. If the party fails to respond, they could be sanctioned and the discovery process could be prolonged even further.
Tips for Serving a Subpoena for Discovery Documents
– Be aware of the process – The discovery process can be lengthy and often times frustrating. Be aware of the process and understand what needs to be done and by what due date. If there are any issues along the way, address them as soon as possible. – Each type of discovery has different requirements – It’s important to be aware of each type of discovery and the requirements for each. These include the format of the documents requested, how many copies are needed, and the deadline by which the discovery documents must be submitted. – Conduct discovery at the same time as the initial pleading – Conduct discovery as soon as possible after filing the initial pleading. This will help expedite the discovery process and allow the case to proceed more quickly.
Conclusion
Serving a subpoena for discovery documents is a crucial step in the discovery process. While the process may seem complicated, this step-by-step guide provides an easy-to-follow pathway for you to navigate the North Carolina laws and rules of civil procedure to properly serve a subpoena. From understanding the different types of civil actions to understanding the deadlines and requirements for each situation, this guide will provide you with the information you need to successfully serve a subpoena in North Carolina.
Helpful Resources for Process Servers and Skip Tracers in North Carolina
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 615 St. George Square Ct., Suite 300, Winston-Salem, NC 27103
