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NC R. 45: Am I required to provide opposing counsel a copy?

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ncmomofone

Junior Member
What is the name of your state (only U.S. law)? NC

In preperation for a contempt hearing (failure to pay), I have issued a subpoena to Defendants bank for documents only during the alledged periods of nonpayment. Do I have to service his atty. with a copy of the subpoena? (The rule then refers to NC R. 5b). I am unclear when reading NC R. 45. If so, what is the required time to do so?

Can anyone please advise?
 


stealth2

Under the Radar Member
Perhaps you could quote NC R. 45 and relevant references or provide relevant links. While I commend you for doing that research yourself (really, I do!), it would be helpful if you spared all of us having to now find it as well.
 

ncmomofone

Junior Member
Here are the Rules (NC 45 and NC 5)

Thank you Stealth2. I do try to seek answers myself, but certainly tread very carefully when I am unsure. I have pasted the portion of interest here and also provided a link to the full index of rules. Please reference Rule 45 b 1-2 and rule 5b. .

(link to rules)

North Carolina General Assembly - General Statutes - Chapter 1A: Rules of Civil Procedure.




NC Rule 5
b.
(2) Service of copy. – A copy of the subpoena served under subdivision (1) of this subsection shall also be served upon each party in the manner prescribed by Rule 5(b). This subdivision does not apply to subpoenas issued under G.S. 15A‑801 or G.S. 15A‑802.



Rule 5(b)

(b) Service – How made. – A pleading setting forth a counterclaim or cross claim shall be filed with the court and a copy thereof shall be served on the party against whom it is asserted or on the party's attorney of record. With respect to all pleadings subsequent to the original complaint and other papers required or permitted to be served, service with due return may be made in the manner provided for service and return of process in Rule 4 and may be made upon either the party or, unless service upon the party personally is ordered by the court, upon the party's attorney of record. With respect to such other pleadings and papers, service upon the attorney or upon a party may also be made by delivering a copy to the party or by mailing it to the party at the party's last known address or, if no address is known, by filing it with the clerk of court. Delivery of a copy within this rule means handing it to the attorney or to the party, leaving it at the attorney's office with a partner or employee, or by sending it to the attorney's office by a confirmed telefacsimile transmittal for receipt by 5:00 P.M. Eastern Time on a regular business day, as evidenced by a telefacsimile receipt confirmation. If receipt of delivery by telefacsimile is after 5:00 P.M., service will be deemed to have been completed on the next business day. Service by mail shall be complete upon deposit of the pleading or paper enclosed in a post‑paid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service.

A certificate of service shall accompany every pleading and every paper required to be served on any party or nonparty to the litigation, except with respect to pleadings and papers whose service is governed by Rule 4. The certificate shall show the date and method of service or the date of acceptance of service and shall show the name and service address of each person upon whom the paper has been served. If one or more persons are served by facsimile transmission, the certificate shall also show the telefacsimile number of each person so served. Each certificate of service shall be signed in accordance with and subject to Rule 11 of these rules
 

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