Legal Question in Criminal Law in North Carolina

Subpoenas

My son was a victim in a hit and run. The driver was arrested and now my son is being called to testify against him. The driver is a known gang member and felon, which has my son terrified to testify against him. The DA called my house and told my son he had to testify against this gang member. My son explained his fear and the DA says well regardless i am giving you a subpoena over the phone to appear in court. Is there such a thing as a telephonic subpoena?


Asked on 1/14/03, 9:21 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Subpoenas

You probably want to consult an attorney in your area for a thorough answer to your question. In general, the service of subpoenas is governed by General Statute 15A-801, which references Rule 45 of the Rules of Civil Procedure. My reading of that rule limits service over the telephone to the Sherif or "his designee." I am not sure that this would include the District Attorney's office. You can find these statutes yourself online, at various cites. E.g. http://www.ncga.state.nc.us/Statutes/Statutes.html.

Read more
Answered on 1/15/03, 8:49 am


Related Questions & Answers

More Criminal Law questions and answers in North Carolina