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North Carolina Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
North Carolina?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does North Carolina require
process servers to be licensed?
No.
Are there any day or time restrictions to
service of process in North
Carolina?
No.
North Carolina Rules of Civil
Procedure are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
North Carolina Courts website
for updated rules of civil procedure
in North Carolina.
Rules of Civil
Procedure in North Carolina:
Rule 4.
Process.
Summons --
Issuance; who may serve.
Upon the filing of the complaint,
summons shall be issued forthwith,
and in any event within five days.
The complaint and summons shall be
delivered to some proper person for
service. In this State, such proper
person shall be the sheriff of the
county where service is to be made
or some other person duly authorized
by law to serve summons. Outside
this State, such proper person shall
be anyone who is not a party and is
not less than 21 years of age or
anyone duly authorized to serve
summons by the law of the place
where service is to be made. Upon
request of the plaintiff separate or
additional summons shall be issued
against any defendants. A summons is
issued when, after being filled out
and dated,
it is signed by the officer having
authority to do so. The date the
summons bears shall be prima facie
evidence of the date of issue.
Summons --
Contents.
The summons shall run in the name
of the State and be dated and signed
by the clerk, assistant clerk, or
deputy clerk of the court in the
county in which the action is
commenced. It shall contain the
title of the cause and the name of
the court and county wherein the
action has been commenced. It shall
be directed to the defendant or
defendants and shall notify each
defendant to appear and answer
within 30 days after its service
upon him and further that if he
fails so to appear, the plaintiff
will apply to the court for the
relief demanded in the complaint. It
shall set forth the name and address
of plaintiff's attorney, or
if there be none, the name and
address of plaintiff. If a request
for admission is served with the
summons, the summons shall so state.
Summons --
Return.
Personal service or substituted
personal service of summons as
prescribed by Rule 4(j)(1) a and b
must be made within 30 days after
the date of the issuance of summons,
except that in tax and assessment
foreclosures under G.S. 47-108.25 or
G.S. 105-374 the time allowed for
service is 60 days. When a summons
has been served upon every party
named in the summons, it shall be
returned immediately to the clerk
who issued it, with notation thereon
of its service.
Failure to make service within
the time allowed or failure to
return a summons to the clerk after
it has been served on every party
named in the summons shall not
invalidate the summons. If the
summons is not served within the
time allowed upon every party named
in the summons, it shall be returned
immediately upon the expiration of
such time by the officer to the
clerk of the court who issued it
with notation thereon of its
nonservice
and the reasons therefor as to every
such party not served, but failure
to comply with this requirement
shall not invalidate the summons.
Summons --
Extension; endorsement, alias and
pluries.
When any defendant in a civil
action is not served within the time
allowed for service, the action may
be continued in existence as to such
defendant by either of the following
methods of extension:
- The plaintiff may secure an
endorsement upon the original
summons for an extension of time
within which to complete service
of process. Return of the
summons so endorsed shall be in
the same manner as the original
process. Such endorsement may be
secured within 90 days after the
issuance of summons or the date
of the last prior endorsement,
or
- The plaintiff may send out
an alias or pluries summons
returnable in the same manner as
the original process. Such alias
or pluries summons may be sued
out at any time within 90 days
after the date of issue of the
last preceding summons in the
chain of summonses or within 90
days of the last prior
endorsement. Provided, in tax
and assessment foreclosures
under G.S. 47- 108.25 and G.S.
105-374, the first endorsement
may be made at any time within
two years after the issuance of
the original summons, and
subsequent endorsements may
thereafter be made as in other
actions; or an alias or pluries
summons may be sued out at any
time within two years after the
issuance of the original
summons, and after the issuance
of such alias or pluries
summons, the chain of summonses
may be kept up as in any other
action. Provided, for service
upon a defendant in a place not
within the United States, the
first endorsement may be made at
any time within two years after
the issuance of the original
summons, and subsequent
endorsements may thereafter be
made at least once every two
years; or an alias or pluries
summons may be sued out at any
time within two years after the
issuance of the original
summons, and after the issuance
of such alias or pluries
summons, the chain of summonses
may be kept up as in any other
action if sued out within two
years of the last preceding
summons in the chain of
summonses or within two years of
the last prior endorsement.
Provided,
further, the methods of
extension may be used
interchangeably in any case and
regardless of the form of the
preceding extension.
Summons --
Discontinuance.
When there is neither endorsement
by the clerk nor issuance of alias
or pluries summons within the time
specified in Rule 4(d), the action
is discontinued as to any defendant
not theretofore served with summons
within the time allowed. Thereafter,
alias or pluries summons may issue,
or an extension be endorsed by the
clerk, but, as to such defendant,
the action shall be deemed to have
commenced on the date of such
issuance or endorsement.
Summons -- Date
of multiple summonses.
If the plaintiff shall cause
separate or additional summonses to
be issued as provided in Rule 4(a),
the date of issuance of such
separate or additional summonses
shall
be considered the same as that of
the original summons for purposes of
endorsement or alias summons under
Rule 4(d).
Summons --
Docketing by clerk.
The clerk shall keep a record in
which he shall note the day and hour
of issuance of every summons,
whether original, alias, pluries, or
endorsement thereon. When the
summons is returned, the clerk shall
note on the record the date of the
return and the fact as to service or
non-service.
Summons -- When
proper officer not available.
If at any time there is not in a
county a proper officer, capable of
executing process, to whom summons
or other process can be delivered
for service, or if a proper officer
refuses or neglects to execute such
process, or if such officer is a
party to or otherwise interested in
the action or proceeding, the clerk
of the issuing court, upon the facts
being verified before him by written
affidavit of the plaintiff or his
agent or attorney, shall appoint
some suitable person who, after he
accepts such process for service,
shall execute such process in
the same manner, with like effect,
and subject to the same liabilities,
as if such person were a proper
officer regularly serving process in
that county.
Summons -- When
process returned unexecuted.
If a proper officer returns a
summons or other process unexecuted,
the plaintiff or his agent or
attorney may cause service to be
made by anyone who is not less than
21 years of age, who is not a party
to the action, and who is not
related by blood or marriage to a
party to the action or to a person
upon whom service is to be made.
This subsection shall not apply to
executions pursuant to Article 28 of
Chapter 1 or summary ejectment
pursuant to Article 3 of Chapter 42
of the General Statutes.
Summons --
Amendment.
At any time, before or after
judgment, in its discretion and upon
such terms as it deems just, the
court may allow any process or proof
of service thereof to be amended,
unless it clearly appears that
material prejudice would result to
substantial rights of the party
against whom the process issued.
Process -- Manner
of service to exercise personal
jurisdiction.
In any action commenced in a
court of this State having
jurisdiction of the subject matter
and grounds for personal
jurisdiction as provided in G.S.
1-75.4, the manner of service of
process within or without the State
shall be as follows:
- Natural Person. --
Except as provided in
subsection (2) below, upon a
natural person:
- By delivering a copy of
the summons and of the
complaint to him or by
leaving copies thereof at
the defendant's dwelling
house or usual place of
abode with some person of
suitable age and discretion
then residing therein; or
- By delivering a copy of
the summons and of the
complaint to an agent
authorized by appointment or
by law to be served or to
accept service of process or
by serving process upon such
agent or the party in a
manner specified by any
statute.
- By mailing a copy of the
summons and of the
complaint, registered or
certified mail, return
receipt requested, addressed
to the party to be served,
and delivering to the
addressee.
- Natural Person under
Disability. -- Upon a
natural person under disability
by serving process in any manner
prescribed in this section (j)
for service upon a natural
person and, in addition, where
required by paragraph a or b
below, upon a person
therein
designated.
- Where the person under
disability is a minor,
process shall be served
separately in any manner
prescribed for service upon
a natural person upon a
parent or guardian having
custody of the child, or if
there be none, upon any
other person having the care
and control of the child. If
there is no parent,
guardian, or other person
having care and control of
the child when service is
made upon the child, then
service of process must also
be made upon a guardian ad
litem who has been appointed
pursuant to Rule 17.
- If the plaintiff
actually knows that a person
under disability is under
guardianship of any kind,
process shall be served
separately upon his guardian
in any manner applicable and
appropriate under this
section (j). If the
plaintiff does not actually
know that a guardian has
been appointed when service
is made upon a person known
to him to be incompetent to
have charge of his affairs,
then service of process must
be made upon a guardian ad
litem who has been appointed
pursuant to Rule 17.
- The State. --
Upon the State by
personally delivering a copy of
the summons and of the complaint
to the Attorney General or to a
deputy or assistant attorney
general or by mailing a copy of
the summons and of the
complaint, registered or
certified mail, return receipt
requested, addressed to the
Attorney General or to a deputy
or assistant attorney general.
- An Agency of the
State. --
- Upon an agency of the
State by personally
delivering a copy of the
summons and of the complaint
to the process agent
appointed by the agency in
the manner hereinafter
provided or by mailing a
copy of the summons and of
the complaint, registered or
certified mail, return
receipt requested, addressed
to said process agent.
- Every agency of the
State shall appoint a
process agent by filing with
the Attorney General the
name and address of an agent
upon whom process may be
served.
- If any agency of the
State fails to comply with
paragraph b above, then
service upon such agency may
be made by personally
delivering a copy of the
summons and of the complaint
to the Attorney General or
to a
deputy
or assistant attorney
general or by mailing a copy
of the summons and of the
complaint, registered or
certified mail, return
receipt requested, addressed
to the Attorney General, or
to a deputy or assistant
attorney general.
- For purposes of this
rule, the term "agency of
the State" includes every
agency, institution, board,
commission, bureau,
department, division,
council, member of Council
of State, or officer of the
State government of the
State of North Carolina, but
does not include counties,
cities, towns, villages,
other municipal corporations
or political subdivisions of
the State, county or city
boards of education, other
local public districts,
units, or bodies of any
kind, or private
corporations created by act
of the General Assembly.
- Counties, Cities, Towns,
Villages and Other Local Public
Bodies.
- Upon a city, town, or
village by personally
delivering a copy of the
summons and of the complaint
to its mayor, city manager
or clerk or by mailing a
copy of the summons and of
the complaint, registered or
certified mail, return
receipt requested, addressed
to its mayor, city manager
or clerk.
- Upon a county by
personally delivering a copy
of the summons and of the
complaint to its county
manager or to the chairman,
clerk or any member of the
board of commissioners for
such county or by mailing a
copy of the summons and of
the complaint, registered or
certified mail, return
receipt requested, addressed
to its county manager or to
the chairman, clerk, or any
member of this board of
commissioners for such
county.
- Upon any other political
subdivision of the State,
any county or city board of
education, or other local
public district, unit, or
body of any kind (i) by
personally delivering a copy
of the summons and of the
complaint to an officer or
director thereof, or (ii) by
personally delivering a copy
of the summons and of the
complaint to an agent or
attorney- in-fact authorized
by appointment or by statute
to be served or to accept
service in its behalf, or
(iii) by mailing a copy of
the summons and of the
complaint, registered or
certified
mail,
return receipt requested,
addressed to the officer,
director, agent, or
attorney-in-fact as
specified in (i) and (ii).
- In any case where none
of the officials, officers
or directors specified in
paragraphs a, b and c can,
after due diligence, be
found in the State, and that
fact appears by affidavit to
the satisfaction of the
court, or a judge thereof,
such court or judge may
grant an order that service
upon the party sought to be
served may be made by
personally delivering a copy
of the summons and of the
complaint to the Attorney
General or any deputy or
assistant attorney general
of the State of North
Carolina, or by mailing a
copy of the summons and of
the complaint, registered or
certified mail, return
receipt requested, addressed
to the Attorney General or
any deputy or assistant
attorney general of the
State of North Carolina.
- Domestic or Foreign
Corporation. -- Upon a
domestic or foreign corporation:
- By delivering a copy of
the summons and of the
complaint to an officer,
director, or managing agent
of the corporation or by
leaving copies thereof in
the office of such officer,
director, or managing agent
with the person who is
apparently in charge of the
office; or
- By delivering a copy of
the summons and of the
complaint to an agent
authorized by appointment or
by law to be served or to
accept service or [of]
process or by serving
process upon such agent or
the party in a manner
specified by any statute.
- By mailing a copy of the
summons and of the
complaint, registered or
certified mail, return
receipt requested, addressed
to the officer, director or
agent
to be served as specified in
paragraphs a and b.
- Partnerships. --
Upon a general or limited
partnership:
- By delivering a copy of
the summons and of the
complaint to any general
partner, or to any
attorney-in-fact or agent
authorized by appointment or
by law to be served or to
accept service of process in
its behalf, or by mailing a
copy of the summons and of
the complaint, registered or
certified mail, return
receipt requested, addressed
to any general partner, or
to any attorney-in-fact or
agent authorized by
appointment or by law to be
served or to accept service
of process in its behalf, or
by leaving copies thereof in
the office of such general
partner, attorney-in-fact or
agent with the person who is
apparently in charge of the
office.
- If relief is sought
against a partner
specifically, a copy of the
summons and of the complaint
must be served on such
partner as provided in this
section (j).
- Other Unincorporated
Associations and Their Officers.
-- Upon any
unincorporated association,
organization, or society other
than a partnership:
- By delivering a copy of
the summons and of the
complaint to an officer,
director, managing agent or
member of the governing body
of the unincorporated
association, organization or
society, or by leaving
copies thereof in the office
of such officer, director,
managing agent or member of
the governing body with the
person who is apparently in
charge of the office; or
- By delivering a copy of
the summons and of the
complaint to an agent
authorized by appointment or
by law to be served or to
accept service of process or
by serving process upon such
agent or the party in a
manner specified by any
statute.
- By mailing a copy of the
summons and of the
complaint, registered or
certified mail, return
receipt requested, addressed
to the officer, director,
agent or member of the
governing body to be served
as specified in paragraphs a
and b.
- Service upon a foreign state
or a political subdivision,
agency, or
instrumentality
thereof shall be effected
pursuant to 28 U.S.C. § 1608.
(j1) Service by
publication on party that cannot
otherwise be served. A party that
cannot with due diligence be served
by personal delivery or registered
or certified mail may be served by
publication. Except in actions
involving jurisdiction in rem or
quasi in rem as provided in section
(k), service of process by
publication shall consist of
publishing a notice of service of
process by publication once a week
for three successive weeks in a
newspaper that is qualified for
legal advertising in accordance with
G.S. 1-597 and G.S. 1-598 and
circulated in the area where the
party to be served is believed by
the serving party to be located, or
if there is no reliable information
concerning the location of the party
then in a newspaper circulated in
the county where the action is
pending. If the party's post-office
address is known or can with
reasonable diligence be ascertained,
there shall be mailed to the party
at or immediately prior to the first
publication a copy of the notice of
service of process by publication.
The mailing may be omitted if the
post-office address cannot be
ascertained with reasonable
diligence. Upon completion of such
service there shall be filed with
the court an affidavit showing the
publication and mailing in
accordance with the requirements of
G.S. 1-75.10(2), the circumstances
warranting the use of service by
publication, and information, if
any, regarding the location of the
party served.
The notice of service of process
by publication shall (i) designate
the court in which the action has
been commenced and the title of the
action, which title may be indicated
sufficiently by the name of the
first plaintiff and the first
defendant; (ii) be directed to the
defendant sought to be served; (iii)
state either that a pleading seeking
relief against the person to be
served has been filed or has been
required to be filed therein not
later than a date specified in the
notice; (iv) state the nature of the
relief being sought; (v) require the
defendant being so served to make
defense to such pleading within 40
days after a date stated in the
notice, exclusive of such date,
which date so stated shall be the
date of the first publication of
notice, or the date when the
complaint is required to be filed,
whichever is later, and notify the
defendant that upon his failure to
do so the party seeking service of
process by publication will apply to
the court for the relief sought;
(vi) in cases of attachment,
state the information required by
G.S. 1- 440.14; (vii) be subscribed
by the party seeking service or his
attorney and give the post-office
address of such party or his
attorney; and (viii) be
substantially in the following form:
NOTICE OF SERVICE OF PROCESS BY
PUBLICATION
STATE OF NORTH CAROLINA
_____________ COUNTY
In the _____________ Court
[Title of action or special
proceeding] To [Person to be
served]:
Take notice that a pleading seeking
relief against you (has been filed)
(is required to be filed not later
than __________, 20____) in the
above-entitled (action) (special
proceeding). The nature of the
relief being sought is as follows:
(State nature).
You are required to make defense to
such pleading not later than
(__________, 20____) and upon your
failure to do so the party seeking
service against you will apply to
the court for the relief sought.
This, the __________ day of
__________, 20____
___________ (Attorney) (Party)
____________ (Address)
(j2) Proof of
service. Proof of service of process
shall be as follows:
- Personal Service. --
Before judgment by default may
be had on personal service,
proof of service must be
provided in accordance with the
requirements of G.S. 1-75.10(1).
- Registered or
Certified Mail. --
Before judgment by default may
be had on service by registered
or certified mail, the serving
party shall file an affidavit
with the court showing proof of
such service in accordance with
the requirements of G.S.
1-75.10(4). This affidavit
together with the return receipt
signed by the person who
received the mail if not the
addressee raises a presumption
that the person who received the
mail and signed the receipt was
an agent of the addressee
authorized by appointment or by
law to be served or to accept
service of process or was a
person of suitable age and
discretion residing in the
addressee's dwelling house or
usual place of
abode.
In the event the presumption
described in the preceding
sentence is rebutted by proof
that the person who received the
receipt at the addressee's
dwelling house or usual place of
abode was not a person of
suitable age and discretion
residing therein, the statute of
limitation may not be pleaded as
a defense if the action was
initially commenced within the
period of limitation and service
of process is completed within
60 days from the date the
service is declared invalid.
Service shall be complete on the
day the summons and complaint
are delivered to the address.
- Publication. --
Before judgment by default may
be had on service by
publication, the serving party
shall file an affidavit with the
court showing the circumstances
warranting the use of service by
publication, information, if
any, regarding the location of
the party served which was used
in determining the area in which
service by publication was
printed and proof of service in
accordance with G.S. 1-75.10(2).
(j3) Service in
a foreign country. Unless otherwise
provided by federal law, service
upon a defendant, other than an
infant or an incompetent person, may
be effected in a place not within
the United States:
- By any internationally
agreed means reasonably
calculated to give notice, such
as those means authorized by the
Hague Convention on the Service
Abroad of Judicial and
Extrajudicial Documents; or
- If there is no
internationally agreed means of
service or the applicable
international agreement allows
other means of service, provided
that service is reasonably
calculated to give notice:
- In the manner prescribed
by the law of the foreign
country for service in that
country in an action in any
of its courts of general
jurisdiction;
- As directed by the
foreign authority in
response to a letter
rogatory or letter of
request; or
- Unless prohibited by the
law of the foreign country,
by
- Delivery to the
individual personally of
a copy of the summons
and the complaint and,
upon a corporation,
partnership, association
or other such entity, by
delivery to an officer
or a managing or general
agent;
- Any form of mail
requiring a signed
receipt , to be
addressed and dispatched
by the clerk of the
court to the party to be
served; or
- By other means not
prohibited by international
agreement as may be directed by
the court. Service under
subdivision (2)c.1. or (3) of
this subsection may be made by
any person authorized by
subsection (a) of this Rule or
who is designated by order of
the court or by the foreign
court. On request, the clerk
shall deliver the summons to the
plaintiff for transmission to
the person or the foreign court
or officer who will make the
service. Proof of service may be
made as prescribed in G.S.
1-75.10, by the order of the
court, or by the law of the
foreign country. Proof of
service by mail shall include an
affidavit or certificate of
addressing and mailing by the
clerk of court.
(j4) Process or
judgment by default not to be
attacked on certain grounds. No
party may attack service of process
or a judgment of default on the
basis that service should or could
have been effected by personal
service rather than service by
registered or certified mail. No
party that receives timely actual
notice may attack a judgment by
default on the basis that the
statutory requirement of due
diligence as a condition precedent
to service by publication was not
met.
(j5) Personal
jurisdiction by acceptance of
service. Any party personally, or
through the persons provided in Rule
4(j), may accept service of process
by notation of acceptance of service
together with the signature of the
party accepting service and the date
thereof
on
an original or copy of a summons,
and such acceptance shall have the
same force and effect as would exist
had the process been served by
delivery of copy and summons and
complaint to the person signing said
acceptance.
Process -- Manner
of service to exercise jurisdiction
in rem or quasi in rem.
In any action commenced in a
court of this State having
jurisdiction of the subject matter
and grounds for the exercise of
jurisdiction in rem or quasi in rem
as provided in G.S. 1-75.8, the
manner of service of process shall
be as follows:
- Defendant Known. --
If the defendant is known, he
may be served in the appropriate
manner prescribed for service of
process in section (j), or, if
otherwise appropriate section
(j1); except that the
requirement for service by
publication in (j1) shall be
satisfied if made in the county
where the action is pending and
proof of service is made in
accordance with section (j2).
- Defendant Unknown.
-- If the defendant is
unknown, he may be designated by
description and process may be
served by publication in the
manner provided in section (j1),
except that the requirement for
service by publication in (j1)
shall be satisfied if made in
the county where the action is
pending and proof of service is
made in accordance with section
(j2).
(1967, c. 954, s. 1; 1969, c.
895, ss. 1-4; 1971, c. 962; c.
1156, s. 2; 1975, cc. 408, 609;
1977, c. 910, ss. 1-3; 1981, c.
384, s. 3; c. 540, ss. 1-8;
1983, c. 679,
ss. 1, 2; 1989, c. 330; c. 575,
ss. 1, 2; 1995, c. 275, s. 1; c.
389, ss. 2, 3; c. 509, s.
135.1(e), (f); 1997-469, s. 1;
1999-456, s. 59.)
Rule 45.
Subpoena.
For attendance of
witnesses; issuances; form.
A subpoena for the purpose of
obtaining the testimony of a witness
in a pending cause shall, except as
hereinafter provided, be issued at
the request of any party by the
clerk of superior court for the
county in which the hearing or trial
is to be held. A subpoena shall be
directed to the witness, shall state
the name of the court and the title
of the action, the name of the party
at whose instance the witness is
summoned, and shall command the
person to whom it is directed to
attend and give testimony at a time
and place therein specified. The
clerk shall issue a subpoena, or a
subpoena for the production of
documentary evidence, signed but
otherwise in blank, to a party
requesting it, who shall fill it in
before service. A subpoena for a
witness or witnesses need not be
signed by the clerk, and is
sufficient if signed
by
the party or his attorney. A
subpoena for the production of
documentary evidence need not be
signed by the clerk, and is
sufficient if signed by the attorney
requesting the same.
Issuance by a
judge.
Such subpoena may also be issued
by any judge of the superior court,
judge of the district court, or
magistrate.
For production of
documentary evidence.
A subpoena may also command the
person to whom it is directed to
produce the records, books, papers,
documents, or tangible things
designated therein. Where the
subpoena commands any custodian of
public records to appear for the
sole purpose of producing certain
records in his custody, the
custodian subpoenaed may, in lieu of
a personal appearance, tender to the
court by registered mail certified
copies of the records requested,
together with an affidavit by the
custodian as to the authentication
of the record tendered or, if no
such records are in his custody, an
affidavit to that effect. Any
original or certified copy or
affidavit delivered under the
provisions of this rule, unless
otherwise objectionable, shall be
admissible in any action or
proceeding without further
certification or authentication.
Where the subpoena commands 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 his
custody, the custodian subpoenaed
may, in lieu of a personal
appearance, tender to the presiding
judge or designee by registered mail
or by personal delivery at no cost
certified copies of the records
requested, on or before the time
specified in the subpoena, together
with a copy of the subpoena and an
affidavit by the custodian
testifying to the identity and
authenticity of the records, that
they are true and correct copies,
and as appropriate, that the records
were made and kept in the regular
course of business at or near the
time of the acts, conditions, or
events recorded, and that they were
made by persons having knowledge of
the information set forth; or if no
such records are in his custody, an
affidavit to that effect. When the
copies of medical records are
personally delivered, a receipt
shall be obtained from the person
receiving the records. Any original
or certified copy of medical
records, or affidavit, delivered
according to the provisions of this
rule shall not be held inadmissible
in any action or proceeding on the
grounds that it lacks certification,
identification, or authentication,
and it shall be received as evidence
if otherwise admissible. The copies
of the medical records so tendered
shall not be open to inspection or
copy by any persons, except to the
parties to the case or proceeding
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
communications under law to be
disclosed. The judge, upon motion to
quash or modify made promptly and in
any event at or before the time
specified in the subpoena for
compliance therewith, may
- Quash or modify the subpoena
if it is unreasonable and
oppressive and in such case may
order the party in whose behalf
the subpoena is issued to pay
the person to whom the subpoena
is directed part or all of his
reasonable expenses
including attorneys' fees or
- Grant the motion unless the
party in whose behalf the
subpoena is issued advances the
reasonable cost of producing the
records, books, papers,
documents, or tangible things.
Subpoena for
taking depositions.
- Proof of service of a notice
to take a deposition as provided
in Rules 30(a) and 31(a)
constitutes a sufficient
authorization for the issuance
by the clerk of the superior
court for the county in which
the deposition is to be taken of
subpoenas for the persons named
or described therein. The
subpoena may command the person
to whom it is directed to
produce designated records,
books, papers, documents, or
tangible things which constitute
or contain evidence relating to
any of the matters within the
scope of the examination
permitted by Rule 26(b), but in
that event the subpoena will be
subject to the provisions of
section (c) of Rule 26 and
section (c) of this rule. The
person to whom the subpoena is
directed may, within 10 days
after the service thereof or on
or before the time specified in
the subpoena for compliance if
such time is less than 10 days
after service, serve upon the
attorney designated in the
subpoena written objection to
inspection or copying of any or
all of the designated materials.
If objection is made, the party
serving the subpoena shall not
be entitled to inspect and copy
the materials except pursuant to
an order of the court from which
the subpoena was issued. The
party serving the subpoena may,
if objection has been
made,
move upon notice to the deponent
for an order at any time before
or during the taking of the
deposition.
- Repealed by Session Laws
1975, c. 762, s. 3.
Service.
All subpoenas may be served by
the sheriff, by his deputy, by a
coroner or by any other person not
less than 18 years of age, who is
not a party. Service of a subpoena
for the production of documentary
evidence may be made only by the
delivery of a copy to the person
named therein or by registered or
certified mail, return receipt
requested. Service of a subpoena for
the attendance of a witness may be
made by telephone communication with
the person named therein only by an
authorized server who shall be a
sheriff, his designee who is not
less than 18 years of age and not a
party, or coroner, or by delivery of
a copy to the person named therein
or by registered or certified mail,
return receipt requested, by any
person authorized by this section to
serve subpoenas. Personal service
shall be proved by return of a
sheriff, his deputy, or a coroner
making service and by return
under oath of any other person
making service. Service by telephone
communication shall be proved by
return of the authorized process
server, noting the method of
service. Service by registered or
certified mail shall be proved by
filing the return receipt with the
return.
Punishment for
failure to obey.
Failure by any person without
adequate cause to obey a subpoena
served upon him may be deemed a
contempt of the court from which the
subpoena issued. Failure by a party
without adequate cause to obey a
subpoena served upon him shall also
subject such party to the sanctions
provided in Rule 37(d).
(1967, c. 954, s. 1; 1969, c. 886,
s. 1; 1971, c. 159; 1975, c. 762, s.
3; 1983, c. 665, s. 1; c. 722; 1989,
c. 262, s. 1.)
1-75.10. Proof of service of
summons, defendant appearing in
action. Where the defendant appears
in the action and challenges the
service of the summons upon him,
proof of the service of process
shall be as follows:
- Personal Service or
Substituted Personal Service.
- (a.) If served by the
sheriff of the county or the
lawful process officer in this
State where the defendant was
found, by the officer's
certificate thereof, showing
place, time and manner of
service; or
(b.) If served by any other
person, his affidavit thereof,
showing place, time and manner
of service; his qualifications
to make service under Rule 4(a)
or Rule 4(j3) of the Rules of
Civil Procedure; that he knew
the person served to be the
party mentioned in the summons
and delivered to and left with
him a copy; and if the defendant
was not personally served, he
shall state in such affidavit
when, where and with whom such
copy was left. If such service
is made outside this State, the
proof thereof may in the
alternative be made in
accordance with the law of the
place where such service is
made.
- Service of Publication. In
the case of publication, by the
affidavit of the publisher or
printer, or his foreman or
principal clerk, showing the
same and specifying the date of
the first and last publication,
and an affidavit of mailing of a
copy of the complaint or notice,
as the case may require, made by
the person who mailed the same.
- Written Admission of
Defendant. The written admission
of the defendant, whose
signature or the subscription of
whose name to such admission
shall be presumptive evidence of
genuineness.
- Service by Registered or
Certified Mail. In the case of
service by registered or
certified mail, by affidavit of
the serving party averring:
- That a copy of the
summons and complaint was
deposited in the post office
for mailing by registered or
certified mail, return
receipt requested;
- That it was in fact
received as evidenced by the
attached registry
receipt or other evidence
satisfactory to the court of
delivery to the addressee;
and
- That the genuine receipt
or other evidence of
delivery is attached.
(1967, c. 954, s. 2; 1969,
c. 895, s. 14; 1973, c. 643;
1979, c. 525, s. 2; 1981, c.
540, ss. 9, 10.)
Search-For-Servers.com does not warrant the accuracy of these laws. The laws
listed on Search-For-Servers.com are
only a starting point for reference,
and are not meant to be legal advice or a replacement for legal console. Please consult a process
server in your area, county, or
state if you have any questions
about process service there.
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