The North Carolina subpoena form AOC-G-100 is the single statewide form for compelling a witness to testify, to produce documents, or both, in Superior Court, District Court, and criminal proceedings. You download it from the North Carolina Judicial Branch, fill in the case and witness details, have it signed by an attorney or the clerk of court, serve it on the witness, and then file proof of service with the clerk.{1North Carolina Judicial Branch. Subpoena} The rest of this article walks through each of those steps and the rules under North Carolina Rule of Civil Procedure 45 that govern them.
Where to Download the Form
The current AOC-G-100 is available as a free PDF on the North Carolina Judicial Branch forms page.{1North Carolina Judicial Branch. Subpoena} The North Carolina Office of Indigent Defense Services also hosts a fillable version of the same form.{2Indigent Defense Services. Fillable Subpoena (AOC-G-100)} You can also pick up a blank copy at the clerk of court’s office in the county where your case is pending. There is no fee to obtain the blank.
What to Have Ready Before You Start
Rule 45 requires every subpoena to contain the title of the action, the name of the court, the civil action file number, and the name of the party requesting it.{3Justia. North Carolina Code Rule 45 – Subpoena} Gather all of the following before you open the form:
- The county where the case is filed and whether it is in Superior Court or District Court.
- The full case caption (all plaintiffs and defendants) and the file number assigned by the clerk.
- The witness’s full legal name and current address.
- A specific written list of any documents, electronically stored information, or tangible things you want produced. Rule 45 calls for a command to produce “designated” records, so vague requests invite objection.
- The exact date, time, and place where the witness must appear or produce materials.
Preparation matters because a subpoena aimed at the wrong person, or one that describes documents too loosely, can be challenged as defective.
Filling Out AOC-G-100
At the top of the form, enter the county, check the box for Superior Court or District Court, and write in the case caption and file number.
The next section presents checkboxes for the type of command. Check whether the witness must appear to testify at a trial, hearing, or deposition, whether the witness must produce documents and tangible items, or both. When the subpoena is only for records and does not require anyone to appear in court, select the production-only option.
On the “To” line, enter the witness’s full name and address. If you are subpoenaing a business’s records, use the entity’s name with the custodian’s title, for example, “Records Custodian, ABC Medical Center.”
In the body, fill in the specific date, time, and location for the appearance or production. When requesting documents, describe each item with enough detail that the recipient knows exactly what to gather. “All medical records for John Doe from January 2024 through December 2025” works; “medical records” does not. Include your own name, address, and telephone number in the spaces provided, because Rule 45 requires the subpoena to identify the requesting party.{3Justia. North Carolina Code Rule 45 – Subpoena}
Getting the Subpoena Signed and Issued
A filled-in AOC-G-100 has no legal force until it carries an authorized signature. Under Rule 45, the people who can sign are a Superior Court judge, a District Court judge, a magistrate, or a licensed attorney acting as an officer of the court.{4North Carolina General Assembly. North Carolina Code 1A-1 Rule 45 – Subpoena} If you have a lawyer, your lawyer can sign it without going through the clerk.
If you are representing yourself, take the completed form to the clerk of court in the county where the case is pending and ask for it to be signed and sealed. The clerk will also issue a subpoena “signed but otherwise blank” to any party who requests one, which you can then fill in yourself before service.{3Justia. North Carolina Code Rule 45 – Subpoena} Once signed, the subpoena is an enforceable court order.
Serving the Subpoena
North Carolina recognizes three methods of service. Any of them creates valid service so long as the witness actually receives the subpoena with reasonable time to comply.
Sheriff or Deputy
The most common route is the sheriff’s office in the county where the witness lives or works. Delivery costs $30 per person served.{5North Carolina General Assembly. North Carolina Code 7A-311 – Uniform Civil Process Fees} The sheriff hands the subpoena to the witness personally and completes the return of service for you.
Certified Mail
You may also serve by certified mail, return receipt requested.{6North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 45} The signed green return receipt is your proof of delivery. Certified mail is cheaper than the sheriff, but if the witness refuses the mail or it goes unclaimed, you have no valid service and no time left to fix it.
Any Non-Party Adult
Any person at least 18 years old who is not a party to the case may hand-deliver the subpoena to the witness.{6North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 45} That can be a professional process server, a friend, or a coworker. Whoever delivers the subpoena has to complete the return of service section on the form.
How Much Notice Is Enough
Rule 45 sets no fixed minimum number of days. The standard is that the subpoena must “allow reasonable time for compliance.”{6North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 45} A subpoena served the day before a hearing is almost certainly unreasonable; two weeks is usually plenty for a simple testimony appearance. Give more time when the request involves a large volume of documents. Unreasonable timing is a recognized ground for a motion to quash.
Witness Fees
A subpoenaed witness in North Carolina is entitled to $5 per day of attendance, certified to the clerk of Superior Court, plus mileage at the rate set for state officers and employees.{7North Carolina General Assembly. North Carolina Code 7A-314 – Uniform Fees for Witnesses} The $5 rate covers each day or fraction of a day the witness spends at the proceeding. Salaried state, county, or municipal law enforcement officers do not get the fee when testifying in their official capacity. The amount is small, but failing to tender it when required can undercut a later effort to hold the witness in contempt.
Filing the Return of Service
The second page of AOC-G-100 contains the “Return of Service” section. Whoever delivered the subpoena records the date and time, the method (personal delivery, sheriff, or certified mail), and the name of the person served.
If the sheriff handled service, the sheriff’s office signs and completes this part. If a private person served it, that person signs and certifies the facts of delivery. File the completed return with the clerk of court in the county where the case is pending.{1North Carolina Judicial Branch. Subpoena} The filed return is the court’s official proof the witness received the subpoena. Without it, asking a judge to sanction a no-show witness is an uphill fight.
Subpoenas for Medical Records
When AOC-G-100 is used to subpoena medical records, Rule 45(c)(2) lets the custodian send copies along with an affidavit stating that the copies are true and correct and that the records were made and kept in the regular course of business.{6North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 45} Records produced this way are admissible without further authentication, absent some other evidentiary objection. Noting on the subpoena that production by affidavit is acceptable tells the records department it can use this shortcut instead of sending a clerk to court.
If You Receive a Subpoena and Want to Object
Rule 45 gives the recipient two tools: a written objection served on the issuing party, or a motion to quash or modify filed with the court. Either must be filed within 10 days after service, or before the compliance date if that date is fewer than 10 days out.{6North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 45} Once a written objection is served, the issuing party cannot compel compliance without a court order.
A court will quash or modify a subpoena on any of these grounds:
- The compliance time is unreasonable.
- The subpoena demands privileged or otherwise protected material.
- Compliance would impose undue burden or expense.
- The demands are unreasonable or oppressive.
- The subpoena has a procedural defect in issuance, signature, or service.
Rule 45 also provides separate protection for trade secrets and confidential commercial information; the court can quash the subpoena or impose conditions on disclosure.{3Justia. North Carolina Code Rule 45 – Subpoena} A motion to quash or modify is filed in the court in the county where the trial, hearing, deposition, or production is set to occur.{6North Carolina General Assembly. North Carolina General Statutes 1A-1 – Rule 45}
If a Witness Ignores the Subpoena
A properly served subpoena is a court order. A witness who does not appear, or refuses to produce the required materials, faces contempt of court. Under North Carolina law, willful disobedience of a court’s lawful process is grounds for criminal contempt, which carries censure, a fine of up to $500, imprisonment of up to 30 days, or a combination of those. The issuing party can also seek an order compelling the witness’s appearance and ask the court to award costs and attorney’s fees for enforcement. All of that turns on the filed return of service, which is why completing and filing it is not a formality.