Subpoena Question


#1

Well, the saga continues…
Got a continuance for Motion for Judicial Assistance b/c the X retained council at the last minute and is asking to modify CS.
We got a Subpoena to produce the usual: 3 recent paychecks, 2010 taxes/W2 and Employer Affidavit. The date of the Subpoena was 10/6 and to be produced by 10/24.
(And why is it the date of the Subpoena is 10/6 but we didn’t get it until 10/12 CM/RRR? WTH?)
Since hubby is pro-se, he talked to the adversary, who said he will do the numbers and whatever is determined we can do a Consent Order for - he doesn’t want to go to court either, and doesn’t even know if there is a 15% increase without running the numbers. But it has been 3 years so whatever - no avoiding it anyway.
When we submitted the Subpoenaed docs (which will arrive at Adversary’s PO Box today), we requested a copy of the X’s financial info, because, you know, never trust the Adversary…

Questions:
A. Do we have to go through the rigamarole of getting a Subpoena to Produce or will he just give them to us?
B. If Subpoena is required, how much time do we give them to produce? For example, say we file the Sub on Monday, the 24th? How many days do they get, the same? I didn’t get a good sense of Discovery rules from the Rules of Civil Procedure.
C. Can we e-file for the Subpoena through the Court? Should we go mail? Because…
Since hubby is pro-se, you know: "Subpoena may be produced at your request, but must be signed and issued by the office of Clerk of Superior Court, magistrate or judge."
D. If it is done electronically or through mail, how does service to the adversary go? I get going to the Court, getting the Clerk time-stamp, and having original +2 copies, sending original to Court and one copy to the adversary CM/RRR ourselves. But how does it go with these other methods?
Venue is Alamance, we are in Rowan, so it’s a 2-hour drive both ways to file personally.
As always, thank you again, my dear Esquire!


#2

The clerk in Alamance 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. I would file the request in a subpoena if I were you, since they have done the same to you already. Allowing for 10-14 days to produce is reasonable, since you have to allow time for service, etc. Contact the clerk in Alamance to see how they will file and issue the subpoena for you.You need to make a copy for the file, one for opposing counsel and one to serve. There is no cost to file a subpoena.