11 NCAC 23L .0104
(a) The parties to a claim shall use the following Form 36, Subpoena, to subpoena a person(s) to appear and testify and/or produce documents for inspection before the Commission. The Form 36, Subpoena, shall read as follows:
STATE OF NORTH CAROLINA File No. _____________
________________ County North Carolina Industrial Commission
___________________________
VERSUS
___________________________
SUBPOENA
G.S. 1A-1, Rule 45; G.S. 8-59; G.S. 97-80(e)
Party Requesting Subpoena
___ NCIC/State/Plaintiff ___ Defendant
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be signed and issued by a Commissioner, Deputy Commissioner, or the Executive Secretary.
TO: Name and Address of Person Subpoenaed _______________________________________________
Alternate Address ______________________________________________________________________
Telephone No. _________________________________________________________________________
Alternate Telephone No. _________________________________________________________________
YOU ARE COMMANDED TO: (check all that apply):
___ appear and testify, in the above entitled action, before the Industrial Commission at the place, date and time indicated below.
___ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
___ produce and permit inspection and copying of the following items, at the place, date and time indicated below. (A party shall not issue a subpoena duces tecum less than 30 days prior to the hearing date except upon prior approval of the Commission. G.S. 97-80(e).)
___ See attached list. (List here if space sufficient)
_______________________________________________________________________________
Location of Hearing/Place of Deposition/Place to Produce ________________________________________
Date to Appear/Produce _____________________
Time to Appear/Produce ___:___ __ AM __ PM
Name and Address of Applicant or Applicant's Attorney ________________________________________
Date ____________________
Signature of Official or Attorney _________________________________________
___ Deputy Commissioner ___ Commissioner ___ Executive Secretary ___ Attorney
Telephone No. of Applicant or Applicant's Attorney____________________________________________
RETURN OF SERVICE
I certify this subpoena was received and served on the person subpoenaed as follows:
By
___ personal delivery.
___ registered or certified mail, receipt requested and attached.
___ service by Sheriff.
___ I was unable to serve this subpoena. Reason unable to serve: ________________________________
Service Fee $ ___________
___ Paid
___ Due
Date Served ________
Name of Authorized Server (Type Or Print) __________________________
Signature of Authorized Server ____________________________________
Title ______________________
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party.
NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d). (With respect to the provisions of Rule 45 cited below as they apply to this subpoena, the North Carolina Industrial Commission is the "court" and the "court in the county." All motions regarding this subpoena shall be filed with the North Carolina Industrial Commission pursuant to 11 NCAC 23A .0609.)
(3) Written objection to subpoena. - Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or tangible things may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11 of the North Carolina Rules of Civil Procedure. Each of the following grounds may be sufficient for objecting to a subpoena:
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection.
c. The subpoena subjects a person to an undue burden or expense.
d. The subpoena is otherwise unreasonable or oppressive.
e. The subpoena is procedurally defective.
(5) Specificity of objection. - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that it is otherwise privileged, the objection shall be made with specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, electronically stored information, or other tangible things not produced, sufficient for the requesting party to contest the objection.
INFORMATION FOR WITNESS
NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the box labeled "Name And Address Of Applicant Or Applicant's Attorney."
DUTIES OF A WITNESS
· Unless otherwise directed by the presiding Deputy Commissioner or Commissioner, you must answer all questions asked when you are on the stand giving testimony.
· In answering questions, speak clearly and loudly enough to be heard.
· Your answers to questions must be truthful.
· If you are commanded to produce any items, you must bring them with you to court or to the deposition.
· You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed.
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the presiding Deputy Commissioner or Commissioner.
Form 36 (Rev. 4/14)
History Note: Authority G.S. 1A-1, Rule 45; 8-59; 97-80(a); 97-80(e); 97-81(a); S.L. 2013-294, s. 8.(12);
Eff. July 1, 2014;
Recodified from 04 NCAC 10L .0104 Eff. June 1, 2018.