N.C. Gen. Stat. » Chapter 8
NC General Statutes

N.C. Gen. Stat. § 8-59 (2026)

Issue and service of subpoena

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In obtaining the testimony of witnesses in causes pending in the trial divisions of the General Court of Justice, subpoenas shall be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure for civil actions. Provided that in criminal cases any employee of a local law-enforcement agency may effect service of a subpoena for the attendance of witnesses by telephone communication with the person named. However, in the case of a witness served by telephone communication pursuant to this section, neither an order to show cause nor an order for arrest shall be issued until such person has been served personally with the written subpoena. (1777, c. 115, s. 36, P.R.; R.C., c. 31, s. 59; Code, s. 1355; Rev., s. 1639; C.S., s. 1803; 1959, c. 522, s. 2; 1967, c. 954, s. 3; 1971, c. 381, s. 5; 1981, c. 267; 1989, c. 262, s. 2.)

 

Notes of Decisions
Cited in 3 cases, 1976–2017 · leading case: State v. Clonts, 802 S.E.2d 531 (N.C. Ct. App. 2017).
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State v. Clonts, 802 S.E.2d 531 (N.C. Ct. App. 2017). · cites it 3× “§ 8-59 (2015) (“In obtaining the testimony of witnesses in causes pending in the trial divisions of the General Court of Justice, subpoenas shall be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure for civil actions.”
State v. Wells, 226 S.E.2d 325 (N.C. 1976). · cites it 2× “G.S. 8-59; G.S. 1A-1, Rule 45, Rules of Civil Procedure.”
North Carolina Ass'n for Retarded Child. v. North Carolina, 420 F. Supp. 451 (M.D.N.C. 1976). · cites it 2× “N.C.Gen.Stat. § 8-59 provides that the retarded person would have the ability to subpoena witnesses in his own behalf for proceedings before the district court.”
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