Understanding the North Carolina UIDDA (Chapter 1F)

North Carolina has adopted the Uniform Interstate Depositions and Discovery Act, codified as Chapter 1F, N.C.G.S. §§ 1F-1 through 1F-7. Under § 1F-3, attorneys may request that a foreign subpoena be domesticated by filing it with a North Carolina clerk of court in the county where discovery is sought. That request does not constitute a court appearance in North Carolina.

Once filed, the clerk will open a court file, assign a case number, and collect the appropriate filing fee under G.S. 7A-305(a)(2), and issue a North Carolina subpoena directed to the person named in the foreign subpoena.

That issued subpoena must incorporate the exact terms used in the foreign subpoena and must include or be accompanied by the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties.

Service is governed by Rule 45(b) of the North Carolina Rules of Civil Procedure, as applied through Chapter 1F.

Finally, if a party seeks to quash, modify, or enforce the subpoena, they must file that application in the North Carolina court in the county where discovery is to be conducted

Step-by-Step Procedure

1. Prepare the Foreign & NC Subpoenas

• Obtain the foreign subpoena from the originating jurisdiction.
• Draft a proposed North Carolina subpoena (using the form provided by Countrywide Process) that mirrors the foreign subpoena’s terms.
• On the NC version, state it is issued pursuant to Chapter 1F and intended for incorporation under UIDDA.
• Attach or include contact details for all counsel and parties not represented by counsel.

2. Submit to the Clerk in the Correct County

• File the foreign subpoena plus the draft NC subpoena with the Clerk of Superior Court (or other appropriate clerk) in the North Carolina county where the witness, records, or deposition will occur.
• Include payment for the fee required under G.S. 7A-305(a)(2).
• The clerk must open a court file, assign a file number, and issue the NC subpoena for service upon the subject.

3. Serving the North Carolina Subpoena

• Serve the issued subpoena in compliance with Rule 45(b) (North Carolina Rules of Civil Procedure), as applied under Chapter 1F.
• Authorized servers include: any person not a party and aged 18 or older.
• Methods of service may include personal delivery or registered/certified mail (return receipt), or other methods authorized under Rule 45(b).

4. Compliance, Objections & Enforcement

• Upon receipt, the subpoenaed party may comply or file objections (motions to quash, protective orders) under NC procedure.
• If the party fails to comply, a motion to enforce may be filed in the issuing court of the county where discovery is sought.
• NC’s discovery rules (Rules 26, 30, 34, etc.) apply to subpoenas issued under Chapter 1F.

Fees & Practical Notes

• The statute references S. 7A-305(a)(2) for the clerk’s fee, which is the same fee schedule used for civil actions.
• In practice, some attorneys report that county clerks treat these as superior court action fees, sometimes around $200 when processed as a foreign subpoena domestication.
• North Carolina does not require a standardized uniform subpoena form beyond the AOC-G-100; the clerk accepts drafted drafts.
• Be cautious about deposition location: under Rule 30(b)(1), a resident may only be compelled to appear in the county where they live, work, or transact business in person.

Why Countrywide Process Enables Efficiency & Compliance

• Provides the correct North Carolina subpoena form
• Advances the clerk’s filing fee under G.S. 7A-305, avoiding delays.
• Files with the appropriate county clerk and ensures prompt issuance.
• Coordinates service via vetted, professional North Carolina process servers, ensuring Rule 45 compliance.
• Returns the issued subpoena, formal proof of service, and real-time status updates.

Ready to Begin?

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