To domesticate a subpoena in North Carolina, the foreign subpoena is submitted in the county where discovery occurs, and its clerk issues it. The Uniform Interstate Depositions and Discovery Act requires no local attorney. Served 123 LLC handles the filing and service.
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Every North Carolina County
Served 123 LLC works with the clerk of court in all 100 North Carolina counties, and the clerk’s fee is in your quote. The county finder names the county; the directory has the courthouse address.
Records Subpoena
A subpoena may command production alone, and a hospital records custodian may tender certified copies instead of appearing. Confidential medical records need the patient’s authorization or a judge’s order.
North Carolina Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Chapter 1F sends the foreign subpoena to a clerk of court in the county of discovery; Mecklenburg and Guilford rules send some requests to a judge. The clerk opens a local file and issues a North Carolina subpoena, which is then served under Rule 45(b).
The request goes to a clerk of court in the county where discovery is sought to be conducted, so we fix that county before anything is prepared.
The clerk opens a file, assigns a file number and collects the filing fee, which is in your quote.
We prepare it to incorporate the foreign subpoena’s terms and to list every counsel of record and unrepresented party, with addresses and phones.
Our server, a non-party at least 18, serves it under Rule 45(b), the requesting party serves a copy on each party, and the signed return comes back to you.
Section 1F-3 sets the venue, the clerk’s duty and what the North Carolina subpoena must carry. Sections 1F-4 to 1F-6 bring in Rule 45 service, the discovery rules and the court for any motion.
(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.
(c) A subpoena under subsection (b) of this section must: (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.
Served 123 LLC prepares the North Carolina subpoena with both items § 1F-3(c) requires and submits the request to the discovery county’s clerk.
Get a Free Quote Online →A subpoena issued by a clerk of court in North Carolina under G.S. 1F-3 must be served in compliance with G.S. 1A-1, Rule 45(b) of the North Carolina Rules of Civil Procedure.
Rules 26, 28, 30, 31, 34, and 45 of G.S. 1A-1, the North Carolina Rules of Civil Procedure, apply to subpoenas issued under G.S. 1F-3.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under G.S. 1F-3 must comply with the rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted. Where a dispute exists between the parties to the action, the party opposing the discovery shall apply for appropriate relief to the court in which the action is pending and not to the court in the state in which the discovery is sought.
The Court of Appeals, in Wright Constr. Servs., Inc. v. Liberty Mut. Ins. Co., No. COA21-583 (N.C. Ct. App. Dec. 29, 2022), read § 1F-6 this way: “Ordinarily, where a subpoena is issued in North Carolina in connection with a case tried in a different state pursuant to the North Carolina Uniform Interstate Depositions and Discovery Act (‘NCUIDDA’), N.C.G.S. § 1F-1, et seq., North Carolina courts have subject matter jurisdiction over the discovery objections of a nonparty to the underlying foreign action. However, since the attorney-client privilege always belongs to the client, discovery objections based on the attorney-client privilege must fall under the jurisdiction of the court where the underlying foreign suit is pending.”
No reported North Carolina appellate decision has yet interpreted N.C. Gen. Stat. §§ 1F-1 to 1F-5; the statute’s own text governs submission, issuance and service.
Official texts: N.C. Gen. Stat. Chapter 1F, § 7A-305, § 7A-314, Chapter 8; Session Law 2011-247; N.C. R. Civ. P. 45, 30; N.C. R. Evid. 803; General Rules of Practice 5, 22; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the North Carolina papers under § 1F-3 and has the subpoena served under Rule 45(b).
Get a Free Quote Online →Section 1F-4 sends service to Rule 45(b), and § 1F-5 brings in Rule 30 for depositions. For a summons or other court papers, see process service in North Carolina.
Rule 45(b)(1): “Any subpoena may be served by the sheriff, by the sheriff’s deputy, by a coroner, or by any person who is not a party and is not less than 18 years of age.” Section 1F-4 says the clerk’s subpoena “must be served in compliance with G.S. 1A-1, Rule 45(b) of the North Carolina Rules of Civil Procedure.” A party to the case is not on that list, so no party may serve it. Section 1F-5 applies Rules 26, 28, 30, 31, 34 and 45 to the subpoena as well.
G.S. §§ 1F-4, 1F-5; N.C. R. Civ. P. 45(b)(1)Rule 45(b)(1): “Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to that person or by registered or certified mail, return receipt requested.” A telephone call works only for attendance: “Service of a subpoena for the attendance of a witness only may also be made by telephone communication with the person named therein only by a sheriff, the sheriff’s designee who is not less than 18 years of age and is not a party, or a coroner.”
N.C. R. Civ. P. 45(b)(1)Rule 45(b)(2): “A copy of the subpoena served under subdivision (b)(1) of this subsection shall also be served upon each party in the manner prescribed by Rule 5(b).” The court’s subpoena form repeats it: “A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case.” A copy sent through e-filing carries the system’s Notification of Service, which General Rule of Practice 5 calls an “automated certificate of service”.
N.C. R. Civ. P. 45(b)(2); Court Subpoena Form; Gen. R. Pract. 5Rule 30(b)(1): “A party desiring to take the deposition of any person upon oral examination shall give notice in writing to every other party to the action.” It sets the lead time: “The notice shall be served on all parties at least 15 days prior to the taking of the deposition when any party required to be served resides without the State and shall be served on all parties at least 10 days prior to the taking of the deposition when all of the parties required to be served reside within the State.”
G.S. § 1F-5; N.C. R. Civ. P. 30(b)(1)Rule 30(b)(1) opens its place limits this way: “Depositions of parties, officers, directors or managing agents of parties or of other persons designated pursuant to subsection (b)(6) hereof to testify on behalf of a party may be taken only at the following places:” Among them: “A resident of the State may be required to attend for examination by deposition only in the county wherein he resides or is employed or transacts his business in person. A nonresident of the State may be required to attend for such examination only in the county wherein he resides or within 50 miles of the place of service”. Rule 45 itself sets no county or mileage limit. Whether these place limits reach a nonparty witness under a Chapter 1F subpoena is open: check before setting the place.
N.C. R. Civ. P. 30(b)(1)G.S. 7A-314(a) covers a witness under subpoena “whether to testify before the court, Judicial Standards Commission, jury of view, magistrate, clerk, referee, commissioner, appraiser, or arbitrator”; that witness “shall be entitled to receive five dollars ($5.00) per day, or fraction thereof, during his attendance, which, except as to witnesses before the Judicial Standards Commission, must be certified to the clerk of superior court.” A witness living outside the county of appearance but within 75 miles gets daily mileage “at the rate currently authorized for State employees”; beyond 75 miles, mileage for one journey there and back. The list does not name a deposition: check how the fee is paid to a deponent. Any fee owed is in your quote.
G.S. § 7A-314Neither Rule 45 nor G.S. 7A-314 requires the fee to travel with the subpoena: the statute has attendance certified to the clerk of superior court. The court’s subpoena form tells a witness: “After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk’s office and certify your attendance as a witness so that you will be paid any amount due you.” For a deposition, check how the fee is paid, since § 7A-314(a) does not list depositions.
G.S. § 7A-314; Court Subpoena FormRule 45 sets no fixed number of days to comply. Its first ground for a written objection is: “The subpoena fails to allow reasonable time for compliance.” The objection itself is due “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”, so a short compliance date shortens the window too. Under Rule 45(c)(5), the court “shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons” in that list, unreasonable time included.
N.C. R. Civ. P. 45(c)(3), (5)Section 1F-6: “An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under G.S. 1F-3 must comply with the rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted.” It adds: “Where a dispute exists between the parties to the action, the party opposing the discovery shall apply for appropriate relief to the court in which the action is pending and not to the court in the state in which the discovery is sought.”
G.S. § 1F-6The court’s subpoena form carries the return on its face: “I certify this subpoena was received and served on the person subpoenaed as follows:” The server marks personal delivery, registered or certified mail with the receipt attached, or a sheriff’s telephone call, or notes that the subpoena could not be served and why, then adds the date served, a printed name and a signature. When you order service, our server completes that return and the signed proof comes back to you.
Court Subpoena FormServed 123 LLC handles the Rule 45(b) service and the signed return.
Get a Free Quote Online →Rule 45 lets a subpoena command production on its own. These cards cover how records are produced, the 10-day written objection, the custodian’s mailed copies, sealed hospital records, the medical-records statute and Mecklenburg’s HIPAA rule.
Rule 45(a)(2): “A command to produce records, books, papers, electronically stored information, or tangible things may be joined with a command to appear at trial or hearing or at a deposition, or any subpoena may be issued separately.” Rule 45(d)(1) says a responder “shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.”
Rule 45(a)(2), (d)(1)Rule 45(c)(3): a person commanded to appear at a deposition or to produce “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.” A motion to quash or modify runs on the same clock under Rule 45(c)(5).
Rule 45(c)(3), (5)For a custodian of public records or hospital medical records commanded only to produce, Rule 45(c)(2) provides that “the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian’s custody, an affidavit to that effect.” On personal delivery, “a receipt shall be obtained from the person receiving the records.” Records or an affidavit tendered by mail or by hand, “unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication.” Check which court a custodian tenders to under a Chapter 1F subpoena.
N.C. R. Civ. P. 45(c)(2)Rule 803(6) of the North Carolina Rules of Evidence lists business records among the statements “not excluded by the hearsay rule” when they were “(i) kept in the course of a regularly conducted business activity and (ii) it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, by affidavit or by document under seal under Rule 902 of the Rules of Evidence made by the custodian or witness, or by a certification that complies with 28 U.S.C. § 1746 made by the custodian or witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.” It adds: “Authentication of evidence by affidavit shall be confined to the records of nonparties, and the proponent of that evidence shall give advance notice to all other parties of intent to offer the evidence with authentication by affidavit.”
G.S. § 8C-1, R. 803(6)Rule 45(c)(2): “Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial.” G.S. 8-44.1 defines those records as “records made in connection with the diagnosis, care and treatment of any patient or the charges for such services except that records covered by G.S. 122-8.1, G.S. 90-109.1 and federal statutory or regulatory provisions regarding alcohol and drug abuse, are subject to the requirements of said statutes.”
N.C. R. Civ. P. 45(c)(2); G.S. § 8-44.1G.S. 8-53: “Confidential information obtained in medical records shall be furnished only on the authorization of the patient, or if deceased, the executor, administrator, or, in the case of unadministered estates, the next of kin.” A judge may still order disclosure: “Any resident or presiding judge in the district, either at the trial or prior thereto, or the Industrial Commission pursuant to law may, subject to G.S. 8-53.6, compel disclosure if in his opinion disclosure is necessary to a proper administration of justice. If the case is in district court the judge shall be a district court judge, and if the case is in superior court the judge shall be a superior court judge.”
G.S. § 8-53For a covered entity, 45 C.F.R. § 164.512(e) allows disclosure “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order.” A subpoena with no order needs “satisfactory assurance” from the party seeking the records, such as that the patient “has been given notice of the request,” or that reasonable efforts have been made “to secure a qualified protective order.”
45 C.F.R. § 164.512(e)Mecklenburg’s civil local rules state: “All subpoenas seeking the production of documents protected by the federal Health Insurance Portability and Accountability Act of 1996 (‘HIPPA’) must be issued by a judge, not the Clerk, under the following process:” The same rule adds: “A party may choose to present to the Judge and serve with the subpoena a signed release of the person whose records are being sought, or an order from a judge in the foreign state regarding the HIPPA protected documents.”
Mecklenburg L.R. 12Served 123 LLC prepares and serves a North Carolina subpoena that commands production of records.
Get a Free Quote Online →Each point ties to Chapter 1F, a Rule of Civil Procedure, a statute or a county rule.
Before service, we compare the subpoena we prepare and the service plan with § 1F-3 and Rule 45 and raise anything that needs your input.
Search or pick the county where discovery is sought to see which clerk of court issues the subpoena, then start a quote. The directory below lists the courthouse for all 100 counties.
Each office and address is from its county’s page in the statewide court locations directory; each row links that page.
How South Carolina, Georgia, Tennessee and Virginia compare with Chapter 1F on the governing law, local counsel and who issues the subpoena, each from that state’s own text. “No” is North Carolina’s rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| North Carolina | N.C. Gen. Stat. §§ 1F-1 to 1F-7 (S.L. 2011-247) | No | Clerk of court, discovery county |
| South Carolina | South Carolina Code § 15-47-100 et seq. (2010 Act No. 132) | Check | Clerk of court, discovery county |
| Georgia | O.C.G.A. §§ 24-13-110 to 24-13-116 (H.B. 46) | No | Clerk of superior court, witness’s county of residence |
| Tennessee | Tenn. Code Ann. §§ 24-9-201 to 24-9-207 (Public Chapter 908, 2008) | Check | Clerk of court, discovery county |
| Virginia | Va. Code §§ 8.01-412.8 to 8.01-412.15 | Check | Circuit court clerk, discovery circuit |
Each answer cites the North Carolina statute, rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
It turns the foreign paper into a local one. Under § 1F-3(b), the clerk opens a court file, gives it a number, takes the filing fee and issues a North Carolina subpoena for service on the person the foreign paper names. The filing route sets out the order.
No. Under § 1F-3(a), handing the clerk a foreign subpoena is not an appearance, so no North Carolina lawyer has to come into the case for you and no pro hac vice fee is owed at that stage. A later fight over the subpoena is treated differently; the no-appearance card quotes both.
Two: the out-of-state wording, kept intact, and a list of everyone to reach. Under § 1F-3(c), the local subpoena keeps the wording of the out-of-state one and carries, on it or attached, the name, address and phone of every counsel of record and of any party without a lawyer. We draft both before service; the route shows the step.
Yes, under two county rules. The clerk issues under § 1F-3(b), but Mecklenburg requires a judge, not the clerk, to issue a subpoena for HIPAA-protected records, and Guilford has any resident or presiding judge decide out-of-state requests without a hearing. The records section and the route show where each one applies.
Yes. Under Rule 45(b)(1), a private server qualifies on two counts, being at least 18 years old and not a party to the case, and § 1F-4 makes that rule govern the clerk’s subpoena. Our servers meet that test, and signed proof comes back to you. The service card quotes the rule.
Yes. Rule 45(b)(1) accepts registered or certified mail with a return receipt requested, and a sheriff, a qualified designee or a coroner may serve an attendance-only subpoena by telephone. When you order service, our server hands the subpoena to the witness in person instead. The delivery card sets out each method.
Every party to the case. Rule 45(b)(2) has a copy served on each party the way Rule 5(b) serves papers, and the court’s subpoena form puts the same duty in its note to the person requesting the subpoena. The copy card quotes the rule and the form’s note.
Written notice to every other party, on a schedule set by where the parties live. Rule 30(b)(1) fixes the minimum number of days, and when the deponent also gets a subpoena duces tecum, its list of materials goes with the notice. The deposition notice card gives both periods.
No. Neither Rule 45 nor G.S. 7A-314 makes the server hand over the fee with the papers. The court’s subpoena form has the witness contact the clerk’s office once discharged, to certify attendance as a witness and collect what is owed. See the tender card for the form’s own wording on payment of the fee.
Ten days after service under Rule 45(c)(3), or sooner when compliance falls due first, and a motion to quash or modify keeps that clock. Once a timely objection is made, Rule 45(c)(4) bars compelling the deposition or the objected materials except by court order. The objection card sets out what a written objection must say and whom it must reach.
The court in the county where discovery is to be conducted. Under § 1F-6, protective orders and motions to enforce, quash or modify go there, and under Rule 45 a motion to compel is filed in the county of the deposition or production. Disputes between the parties stay with the court where the case is pending; see the motions card.
Yes. Once anyone asks a North Carolina court to enforce, quash or modify the subpoena under § 1F-6, that filing counts as an appearance, and the lawyer behind it needs pro hac vice admission or local counsel. The request to issue the subpoena needs neither, and Mecklenburg’s local rules spell out the same split. The no-appearance card quotes the chart.
Yes, for public or hospital medical records when no testimony is sought. Under Rule 45(c)(2), a custodian asked only to produce may tender certified copies with the subpoena and an affidavit in place of appearing, and Rule 45(d1) then requires the party or attorney responsible for the subpoena, within five business days after receiving the material, to serve notice of receipt on all other parties. See the custodian card.
On the patient’s consent (if deceased, the executor, administrator or, for an unadministered estate, next of kin), or when a judge orders it. Under G.S. 8-53, a resident or presiding judge may compel disclosure when it is needed for the proper administration of justice, and Rule 45(c)(2) keeps the physician-patient privilege intact. The medical card and HIPAA card cover the federal and state steps.
Five dollars a day under G.S. 7A-314, plus mileage for a witness from outside the county; the witness fee card quotes the rates and the listed proceedings. A witness from more than 75 miles away required to appear more than one day can claim lodging and meals instead of daily mileage. A deposition is not on that list: check its fee.
The General Court of Justice fee under G.S. 7A-305(a)(2), which § 1F-3(b) has the clerk collect: $180.00 in superior court or $130.00 in district court, before the facilities and telecommunications fees the Judicial Branch chart adds. The clerk’s fee is in your quote, and the fee card quotes the statute.
Yes. The Judicial Branch civil costs chart lists $30.00 for each item of civil process the sheriff serves, under G.S. 7A-311(a)(1). Rule 45(b)(1) also lets a non-party adult serve, and our server’s work is in your quote when you order service; see who may serve.
Reasonable time, since Rule 45 fixes no minimum. A witness given too little time can object on that ground alone, and a compliance date under 10 days from service pulls the objection deadline in. Give your deadline in the order; the timing card quotes the rule.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
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