If a witness lives within the state of North Carolina, they cannot say no to a subpoena. If you want to make sure that a witness appears in court then you need to subpoena them. If you do not subpoena a witness and they don’t show up, the court is unlikely to grant you any leeway regarding your missing witness. You can also send a subpoena for documents and ask that they be brought to the courthouse. You will need to get the clerk of court to sign your subpoena before you can send them out.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Do I have to subpeona witnesses on my behalf or against his behalf? Does a witness have the right to say no to a subpeona? I am “pro se”. Or…do I just simply ask these persons and/or documents to show up or be produced? Help please. Thank you so very much.