A subpoena is a legal request to either produce a person – for a trial or for a deposition – or to produce documents or other materials to the opposing party so that the other party can have time to examine those documents.
In North Carolina, subpoenas may be issued by an attorney, by a magistrate, a judge, or a clerkLorrin Freeman is the elected Clerk of Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial.
A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial. for Wake County. The Clerk of Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial.
A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial., among other duties, maintains court records and facilitates the management of the Wake County court system. of the court. If you ever receive a subpoena, the first thing you should do is consider getting a lawyer. Why? Because you have a legal right to challenge a subpoena.
If the subpoena goes unchallenged, then you – generally – must comply with the terms of the subpoena.
But subpoenas can be challenged for all kinds of grounds. If the subpoena is too broad – asks for too much stuff that is not related to the criminal or civil case – it will be ruled over broad, and the presiding judge may quash (or strike) the subpoena, or may narrow its terms. If the subpoena asks for a great deal of stuff in a short amount of time, it may be deemed too burdensome for the person subpoena’d to comply.
If the subpoena asks for stuff that may be included in other, irrelevant, private, or confidential materials, the person subpoena’d may challenge the subpoena, and moved for it to be quashed. Or the court may order that the person turn the documents over to the judge in which case the judge will make an independent determination of what goes to the other party.
There are many reasons to challenge a subpoena, and you should talk to an attorney if someone or some agency has presented you with subpoena as soon as possible.
Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina. He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle. If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
