Difference between revisions of "Discovery"
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Subpoenas ([https://www.nccourts.gov/documents/forms/subpoena Form AOC-G-100]) are used to request records or testimony from a third-party. A few examples include getting bank records, hotel receipts, or phone records. Lawyers can send subpoenas directly as an "officer of the court", whereas pro se litigants need to get their subpoena signed by a clerk of court or judge before serving it.<reF>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_45.html Rule 45(a)(4)]. "The clerk of court in which the action is pending shall issue a subpoena, signed but otherwise blank, to a party requesting it, who shall complete it before service. Any judge of the superior court, judge of the district court, magistrate, or attorney, as officer of the court, may also issue and sign a subpoena."</ref> Generally, a subpoena is served on the person or organization you are requesting records from by certified mail.<reF>See [https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_45.html Rule 45(b)(1)] for more details</ref> A copy of the subpoena is sent to your spouse or their attorney, but they are not filed with the court. Once you receive evidence in response to a subpoena, you must notify the opposing party and share the evidence upon request. | Subpoenas ([https://www.nccourts.gov/documents/forms/subpoena Form AOC-G-100]) are used to request records or testimony from a third-party. A few examples include getting bank records, hotel receipts, or phone records. Lawyers can send subpoenas directly as an "officer of the court", whereas pro se litigants need to get their subpoena signed by a clerk of court or judge before serving it.<reF>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_45.html Rule 45(a)(4)]. "The clerk of court in which the action is pending shall issue a subpoena, signed but otherwise blank, to a party requesting it, who shall complete it before service. Any judge of the superior court, judge of the district court, magistrate, or attorney, as officer of the court, may also issue and sign a subpoena."</ref> Generally, a subpoena is served on the person or organization you are requesting records from by certified mail.<reF>See [https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_45.html Rule 45(b)(1)] for more details</ref> A copy of the subpoena is sent to your spouse or their attorney, but they are not filed with the court. Once you receive evidence in response to a subpoena, you must notify the opposing party and share the evidence upon request. | ||
Most of the time, the subpoena should be served at the address [https://www.sosnc.gov/online_services/search/by_title/_Business_Registration registered with the North Carolina Secretary of State] for a business. If the business is located outside the state of North Carolina, you need to check the rules of that state for out-of-state subpoenas. Most states will ask you to send the subpoena to a local court in that state to get signed by a clerk of court in that state. | Most of the time, the subpoena should be served at the address [https://www.sosnc.gov/online_services/search/by_title/_Business_Registration registered with the North Carolina Secretary of State] for a business. If the business is located outside the state of North Carolina, you need to check the rules of that state for out-of-state subpoenas. Most states will ask you to send the subpoena to a local court in that state to get signed by a clerk of court in that state. Generally, the subpoena should be served with an "Affidavit of Records Custodian" so the evidence can be used in court. | ||
==Requests for Admission== | ==Requests for Admission== | ||
Revision as of 15:23, 15 October 2022
| Discovery | |
| Statutes: | N.R.C.P. Rule 26 |
| Description | Discovery refer to all of the methods used to gather evidence |
| Takeaway | You should start discovery immediately upon starting a lawsuit |
Discovery refers to a broad range of documents and processes that are used to obtain evidence for court. The most common discovery tools include Subpoenas, Requests for Admissions, Interrogatories, Requests for Production, and Depositions. Generally, litigants are entitled to any evidence that is relevant to the litigation and not unduly burdensome to collect. The scope of evidence spouses are entitled to and the volume of paperwork involved is often more than most spouses anticipate. It is not unusual collect hundreds of pages of records during discovery.
Subpoenas
Subpoenas (Form AOC-G-100) are used to request records or testimony from a third-party. A few examples include getting bank records, hotel receipts, or phone records. Lawyers can send subpoenas directly as an "officer of the court", whereas pro se litigants need to get their subpoena signed by a clerk of court or judge before serving it.[1] Generally, a subpoena is served on the person or organization you are requesting records from by certified mail.[2] A copy of the subpoena is sent to your spouse or their attorney, but they are not filed with the court. Once you receive evidence in response to a subpoena, you must notify the opposing party and share the evidence upon request.
Most of the time, the subpoena should be served at the address registered with the North Carolina Secretary of State for a business. If the business is located outside the state of North Carolina, you need to check the rules of that state for out-of-state subpoenas. Most states will ask you to send the subpoena to a local court in that state to get signed by a clerk of court in that state. Generally, the subpoena should be served with an "Affidavit of Records Custodian" so the evidence can be used in court.
Requests for Admission
A Request for Admission asks the other spouse to admit or deny specific facts. The list will say "1. Admit that ...." and the spouse is required to respond with "Admitted" or "Denied" below. Requests for admissions are intended to narrow the number of facts in dispute by figuring out what your spouse admits to. In the alternate, if your spouse refuses to admit to an obvious fact, that can be used to criticize their credibility at trial. Requests for Admission are considered admitted if the spouse does not respond within 30 days. However, courts will often waive this requirement if they find the spouse's lack of response was due to "excusable neglect."
Interrogatories
Interrogatories is where you ask your spouse to answer questions in writing. The questions are numbered and the other spouse has 30 days to respond to them.
Requests for Production
Requests for production is where you ask your spouse to produce documents, records, or other evidence in their possession.
Depositions
Deposition is where your spouse is interviewed on the record in much the same format as a court hearing. A court reporter records the interview and creates a transcript that can be used in court.
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ Rule 45(a)(4). "The clerk of court in which the action is pending shall issue a subpoena, signed but otherwise blank, to a party requesting it, who shall complete it before service. Any judge of the superior court, judge of the district court, magistrate, or attorney, as officer of the court, may also issue and sign a subpoena."
- ↑ See Rule 45(b)(1) for more details