North Carolina General Statutes 150B-39. Depositions; discovery; subpoenas
Terms Used In North Carolina General Statutes 150B-39
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Subpoena: A command to a witness to appear and give testimony.
(a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, N.C. Gen. Stat. § 1A-1 Parties in a contested case may engage in discovery pursuant to the provisions of the Rules of Civil Procedure, N.C. Gen. Stat. § 1A-1
(b) Upon a request for an identifiable agency record involving a material fact in a contested case, the agency shall promptly provide the record to a party, unless the record relates solely to the agency’s internal procedures or is exempt from disclosure by law.
(c) In preparation for, or in the conduct of, a contested case subpoenas may be issued and served in accordance with N.C. Gen. Stat. § 1A-1, Rule 45. Upon a motion, the agency may quash a subpoena if, upon a hearing, the agency finds that the evidence, the production of which is required, does not relate to a matter in issue, the subpoena does not describe with sufficient particularity the evidence the production of which is required, or for any other reason sufficient in law the subpoena may be quashed. Witness fees shall be paid by the party requesting the subpoena to subpoenaed witnesses in accordance with N.C. Gen. Stat. § 7A-314 However, State officials or employees who are subpoenaed shall not be entitled to any witness fees, but they shall receive their normal salary and they shall not be required to take any annual leave for the witness days. Travel expenses of State officials or employees who are subpoenaed shall be reimbursed as provided in N.C. Gen. Stat. § 138-6 (1985, c. 746, s. 1; 1991, c. 35, s. 8.)