§ 120-19.2. Invitations to witnesses; when hearings and examinations held; subpoenas.
§120‑19.2. Invitations to witnesses; when hearings and examinations held;subpoenas.
(a) Committees of theGeneral Assembly may invite witnesses to appear and testify concerning pendinglegislation or other matters properly before the committee and may require theattendance of witnesses by subpoena as hereinafter provided. The committee maysubmit questions in writing to the witness in advance of his appearance.Witnesses may be permitted, in the discretion of the committee, to submitwritten, sworn statements in addition to or in lieu of sworn oral testimonybefore the committee.
(b) Hearings andexaminations of witnesses concerning pending legislation or other appropriatematter may be conducted during sessions of the General Assembly, duringrecesses, and in the interim period between sessions, at such times ascommittees are authorized to convene.
(c) A subpoena for thepurpose of obtaining the testimony of a witness may be issued by the chairmanof a committee, upon authorization of the Speaker of the House or the Speakerpro tempore of the House for House committees, and the President of the Senateor the President pro tempore of the Senate for Senate committees, and bymajority vote of the committee. A subpoena for the purpose of obtaining thetestimony of a witness before a joint committee of the House and Senate may beissued by the joint action of the cochairmen of the joint committee, uponauthorization of one of the above officers from each house and by majority voteof the joint committee. The subpoena shall be signed by the committee chairmanand either the Speaker of the House, the President of the Senate, the Presidentpro tempore of the Senate, or the Speaker pro tempore of the House and shall bedirected to the witness, and state the name of the witness, and a descriptionof any papers, documents, or records that he is required to bring with him; andthe subpoena shall state the subject matter of the hearing before thecommittee, the name of the committee, and the name and address of the committeechairman; and the subpoena shall also clearly designate the date, time, andplace at which the witness's presence is required.
(d) Any witness shallhave five days' notice of hearing, unless waived by the witness, and subpoenasmay be served by a member of the State Bureau of Investigation, the StateHighway Patrol, or within their respective jurisdiction by any sheriff ordeputy, or any municipal police officer or other law‑enforcement officer.In addition, a subpoena may be served in the manner provided for service ofsubpoenas under the North Carolina Rules of Civil Procedure.
(e) The form ofsubpoena shall generally follow the practice in the General Court of Justice inNorth Carolina with such additional information or modification as shall be approvedby the Legislative Services Commission.
(f) Return of thesubpoena shall be to the Legislative Services Officer, where a permanent recordshall be maintained for five years, and one copy of the subpoena shall beimmediately filed with the committee chairman and one copy transmitted to theSpeaker of the House, the President of the Senate, the President pro tempore ofthe Senate, or the Speaker pro tempore of the House, as the case may be. (1973,c. 543.)