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North Carolina General Statutes 8-59 - Issue and service of subpoena

North Carolina General Statutes > Chapter 8 > Article 8 > § 8-59 - Issue and service of subpoena

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In obtaining the testimony of witnesses in causes pending in the trial divisions of the General Court of Justice, subpoenas shall be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure for civil actions. Provided that in criminal cases any employee of a local law-enforcement agency may effect service of a subpoena for the attendance of witnesses by telephone communication with the person named. However, in the case of a witness served by telephone communication pursuant to this section, neither an order to show cause nor an order for arrest shall be issued until such person has been served personally with the written subpoena.

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brooke: ...

I received a phone call subpnoeas was want to know if I had to go? I don't want to be can't afford to get in trouble neither. I live in nc.... Please help

May 10, 2012

Steven Daily: ...

Hi Brooke,
A subpoena is an order by a court to appear to give testimony. Disobeying a valid subpoena is contempt of court and can certainly get you in trouble. Law enforcement would first have to serve you with a written subpoena, but that does not mean that you won't get into any trouble if you ignore the phone subpoena.

Here's an analogy: If you rob a bank, you're in trouble with the law. They have to arrest you first, but you're in trouble even before they arrest you. As a practical matter, you might not be punished if you show up in response to a written subpoena, but why take a chance? I hope this helps.

May 10, 2012

Witnesses

North Carolina General Statutes 8-59 - Issue and service of subpoena

North Carolina General Statutes > Chapter 8 > Article 8 > § 8-59 - Issue and service of subpoena

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