Subpoenas

General Information for Subpoenas

This information is for individuals who wish to subpoena witnesses, documents, or both, in court cases. These instructions are intended to educate and assist you, but you are representing yourself. Please review and read through the information before taking any action.

If you have any questions about these instructions, then you should seek legal advice. If you decide to proceed without a lawyer, your case will be designated as a pro se case.  Since you are proceeding without representation, you alone are responsible to make sure the information are current and correct.

Use this information at your own risk. There is no way to predict or guarantee the success of your case. In no event will Legal Aid of North Carolina, or anyone contributing to the production of these instructions be held responsible for any damages resulting from the use of this information.

General instructions

If you are a plaintiff or defendant in a lawsuit, anyone who has first-hand knowledge about your case can be a witness. This might be friends, family, inspectors, or even a stranger. If you believe that a person can help you prove your side of the story, they can help you at your trial.

Be sure to tell your witnesses when and where the case will be heard. If a person cannot get time off from work to come to court, or is unwilling to come, you may want too compel the witness to come to court by having a subpoena delivered to that person. A subpoena is a legal request to either produce a person, document, or both for a trial.

Please note that a party responsible for issuing or serving a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on the person being subpoenaed.

For example, if you want to subpoena a witness who lives more than 50 miles away from the hearing, a subpoena may impose an undue burden or expense on this witness. Contact a private attorney if you need to proceed with such a subpoena.

Make sure to talk to any potential witness before you subpoena him/her to make certain that the witness’s testimony will be helpful to you.

In North Carolina, an attorney, magistrate, judge, or a clerk of court may issue subpoenas. You can obtain the subpoena for from the clerk of court.

We recommend that you have the sheriff serve the subpoena. Although, there is a fee involved with that. Each witness can collect a small daily payment, which will be added to the court costs, and paid by the person who loses the case.