North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter L - INDUSTRIAL COMMISSION FORMS › Section .0100 - WORKERS' COMPENSATION FORMS › Section 23L .0104 - FORM 36 - SUBPOENA

Current through Register Vol. 39, No. 2, July 15, 2024
(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.)
(c) Protection of Persons Subject to Subpoena
(1) Avoid undue burden or expense. - A party
				  or an attorney responsible for the issuance and service of a subpoena shall
				  take reasonable steps to avoid imposing an undue burden or expense on a person
				  subject to the subpoena. The court shall enforce this subdivision and impose
				  upon the party or attorney in violation of this requirement an appropriate
				  sanction that may include compensating the person unduly burdened for lost
				  earnings and for reasonable attorney's fees.
(2) For production of public records or
				  hospital medical records. - Where the subpoena commands any custodian of public
				  records or any custodian of hospital medical records, as defined in
				  G.S.
				  8-44.1, to appear for the sole purpose of
				  producing certain records in the custodian's custody, 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. When the copies of
				  records are personally delivered under this subdivision, a receipt shall be
				  obtained from the person receiving the records. Any original or certified copy
				  of records or an affidavit delivered according to the provisions of this
				  subdivision, unless otherwise objectionable, shall be admissible in any action
				  or proceeding without further certification or authentication. 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. Nothing contained herein shall be
				  construed to waive the physician-patient privilege or to require any privileged
				  communication under law to be disclosed.
(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.
(4) Order of
				  court required to override objection. - If objection is made under subdivision
				  (3) of this subsection, the party serving the subpoena shall not be entitled to
				  compel the subpoenaed person's appearance at a deposition or to inspect and
				  copy materials to which an objection has been made except pursuant to an order
				  of the court. If objection is made, the party serving the subpoena may, upon
				  notice to the subpoenaed person, move at any time for an order to compel the
				  subpoenaed person's appearance at the deposition or the production of the
				  materials designated in the subpoena. The motion shall be filed in the court in
				  the county in which the deposition or production of materials is to
				  occur.
(5) Motion to quash or
				  modify subpoena. - A person commanded to appear at a trial, hearing,
				  deposition, or to produce and permit the inspection and copying of records,
				  books, papers, documents, electronically stored information, or other tangible
				  things, 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, may
				  file a motion to quash or modify the subpoena. The court shall quash or modify
				  the subpoena if the subpoenaed person demonstrates the existence of any of the
				  reasons set forth in subdivision (3) of this subsection. The motion shall be
				  filed in the court in the county in which the trial, hearing, deposition, or
				  production of materials is to occur.
(6) Order to compel; expenses to comply with
				  subpoena. - When a court enters an order compelling a deposition or the
				  production of records, books, papers, documents, electronically stored
				  information, or other tangible things, the order shall protect any person who
				  is not a party or an agent of a party from significant expense resulting from
				  complying with the subpoena. The court may order that the person to whom the
				  subpoena is addressed will be reasonably compensated for the cost of producing
				  the records, books, papers, documents, electronically stored information, or
				  tangible things specified in the subpoena.
(7) Trade secrets; confidential information.
				  - When a subpoena requires disclosure of a trade secret or other confidential
				  research, development, or commercial information, a court may, to protect a
				  person subject to or affected by the subpoena, quash or modify the subpoena, or
				  when the party on whose behalf the subpoena is issued shows a substantial need
				  for the testimony or material that cannot otherwise be met without undue
				  hardship, the court may order a person to make an appearance or produce the
				  materials only on specified conditions stated in the order.
(8) Order to quash; expenses. - When a court
				  enters an order quashing or modifying the subpoena, the court may order the
				  party on whose behalf the subpoena is issued to pay all or part of the
				  subpoenaed person's reasonable expenses including attorney's fees.