NC General Statutes

N.C. Gen. Stat. § 1F-3 (2026)

Issuance of subpoena

✓ current as of July 2026

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(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.

(b) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court's procedure, shall promptly open an appropriate court file, assign a file number, collect the applicable filing fee pursuant to G.S. 7A-305(a)(2), and issue a subpoena for service upon the person to which the foreign subpoena is directed.

(1) Incorporate the terms used in the foreign subpoena; and

(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (2011-247, s. 1.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2017–2022 · leading case: Wright Constr. Servs. (N.C. Ct. App. 2022).

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Wright Constr. Servs. (N.C. Ct. App. 2022). · cites it 6× “¶4 However, on 1 November 2019, long before the Missouri court’s ruling on Plaintiff’s motion to compel, the Missouri court entered a Commission to Serve Subpoena for Testimony and the Production of Documents pertaining to SLK, pursuant to which Plaintiff served a subpoena…”

Engility Corp. v. Nell, 814 S.E.2d 113 (N.C. Ct. App. 2018). · cites it 2× “N.C. Gen. Stat. § 1F-3 (2017). This request was based upon a previously issued Virginia subpoena and sought to obtain documents related to the pending Virginia Case.”

Arris Grp., Inc. v. Cyberpower Sys. (Usa), Inc., 2017 NCBC 57 (N.C. Bus. Ct. 2017). “§ 1F-3. This language, and the scope of permitted discovery, is similar to the terms of discovery permitted between parties under Rule 26.”

— N.C. Gen. Stat. § 1F-3(a) — 1 case

Wright Constr. Servs. (N.C. Ct. App. 2022). “¶4 However, on 1 November 2019, long before the Missouri court’s ruling on Plaintiff’s motion to compel, the Missouri court entered a Commission to Serve Subpoena for Testimony and the Production of Documents pertaining to SLK, pursuant to which Plaintiff served a subpoena…”

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