Serving a Subpoena


#1

How do you serve a subpoena? I need to subpoena some childcare records that show when and where my child has received childcare at times that the ex was supposed to be exercising visitation, but instead left my child with a childcare provider.


#2

Any subpoena may be served by sheriff, by the sheriff’s deputy, by a coroner, or by any person who is not a party to the action and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to that person or by registered or certified mail, return receipt requested. Service of a witness only may also be made by telephone communication with the person named therein only by a sheriff, the sheriff’s designee who is not less that 18 years of age and is not a party or a coroner.


#3

Is there a form from the clerk’s office? Can I just complete a form, serve it, serve the other party, and file a copy?


#4

The clerk may be able to provide you with a blank subpoena, or you can obtain one from the AOC website (www.nccourts.org). The clerk will have to sign the subpoena for it to be issued since you are acting pro se. The subpoena must be served on the person named therein and on the opposing party, or their attorney.