After you file for divorce, you will begin what attorneys call the discovery process. A Raleigh divorce lawyer will tell you that discovery is the means by which parties in a divorce case gain information necessary to help a judge make an informed decision about everything from spousal support (alimony) to child custody. For that to all go over successfully, you may need to subpoena documents.
How to access your spouse’s documents after filing.
After your pleading has been filed, you’ll find that you don’t have access to information that you did while married. If your spouse has a separate bank account, for example, it’s unlikely you’ll be able to access it. The bank has no obligation to release an account statement to you without an order from the court.
This is where the subpoena comes into play. Even if you’ve never been involved in a legal proceeding before, you may have seen it play out on television. The main character receives a subpoena compelling them to appear in court – or else. A subpoena for documents works the same way. Essentially, it orders a party or third party to turn over documents that can be used in evidence.
North Carolina’s guidelines.
In North Carolina, Chapter 1A of the General Statutes contains the Rules of Civil Procedure. Under Rule 26, discovery permits you to collect almost any information that relates to a case. This doesn’t mean that you can subpoena the other party for any document whatsoever. The request has to be relevant to an issue concerning your divorce. Otherwise, the other party will object and the court will determine that they need not turn over the document.
Rule 34 deals with the production of documents. It states that the scope of a request for documents lies with any party to serve on any other party or someone acting on a party’s behalf. It also permits a party to access not just physical documents, but electronic documents as well. This includes emails and computer records. In addition, this rule requires that some written response be delivered to the requesting party within 30 days.
If they don’t respond, the court can penalize the party under Rule 37. This permits the court to accept any allegations as true as they relate to the requested documents or to hold the disobedient party in contempt. Further, the court can order the disobedient party to pay any reasonable expenses occurred by you or your lawyer caused by the failure to comply.
How to fill out a subpoena request.
The North Carolina Administrative Office of the Courts has an easy to fill out PDF form that can be found here: http://www.nccourts.org/Forms/Documents/556.pdf. If you’ve filed a pleading or had a pleading served on you, there should be a file number on the document that you will put in the top right-hand corner of the form. In the middle of the first page, check the third box to request forms and then list them in the space provided. You need not worry about the “Return of Service” section. That will be completed by the process server after you’ve filed the form.
To file your subpoena request, go to the Civil Division of the Wake County Courthouse. It’s located on the 11th floor at 316 Fayetteville Street in Raleigh. There is a $30.00 fee for service of process. Lastly, if you have any questions, the people working in the Civil Division will be more than happy to help. You can also contact us with any questions and our attorneys will be happy to help.
