After you file for divorce, you’ll need to 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/palimony) to child custody.
After the divorce pleading has been filed, you will find that you may not have access to information that you did while married. If your spouse has a separate bank account, for example, it is unlikely that he or she will grant you access to it, and the bank will not release a statement of the account without some order from the court telling them to do so.
This is where the subpoena comes into play. If you’ve never been involved in a legal proceeding before, you may be familiar with its representation on television and film, where it is often used to compel someone to appear in court. A subpoena for documents works the same way, essentially ordering a party or third party to turn over documents that can be used in evidence.
In North Carolina, Chapter 1A of the General Statutes contains the Rules of Civil Procedure. A Raleigh divorce lawyer knows these rules by heart and would tell you that under Rule 26, discovery permits you to collect almost any information that relates to any relevant issue in a case. This doesn’t mean that you can subpoena the other part 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 and 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, including 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 could penalize the party under Rule 37, which 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 Raleigh divorce lawyer caused by the failure to comply.
The North Carolina Administrative Office of the Courts has an easy to fill out pdf form on their website 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 documents that you will put in the top right-hand corner of the form. In the middle of the first page, you’ll want to 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, as that will be completed by the process server after you’ve filed the form.
To file your subpoena request, you will need to go to the Civil Division of the Wake County Courthouse, which is 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 and Raleigh divorce lawyers waiting for their own cases to start will be more than happy to help.
