The person named in the subpoena is not being compelled to testify, but rather to produce and authenticate the specified records. Another notable exception is the SBI’s unique authority to issue an administrative subpoena to phone companies for the production of call detail records and subscriber information prior to the commencement of any criminal proceedings.
However, there are exceptions to this rule, such as the issuance of a special subpoena ( AOC-SP-630) for financial records related to the investigation of suspected exploitation of disabled persons and older adults. (every subpoena must state the name of the court in which the action is pending). 378 (1986) (noting that “subpoenas are not available by statute until an action has been commenced,” but the court has inherent authority to issue a “court order” for examination and production of bank records during the investigative stage of case) see also N.C. See In re Superior Court Order Dated Ap, 70 N.C. Generally, a criminal proceeding must have been commenced in court before a party may issue a subpoena under G.S.
8-61 (“Subpoenas for the production of records, books, papers, documents, or tangible things may be issued in criminal actions in the same manner as provided for civil actions in Rule 45 of the Rules of Civil Procedure.”).
15A-802 states that the production of records, books, papers, documents, or other “tangible things” in a criminal proceeding may be obtained by a subpoena properly issued and served as provided in Rule 45 of the N.C. A subpoena duces tecum (also called a “document subpoena”) is used to compel a witness to produce papers, records or other physical objects needed at trial.