A BILL TO BE ENTITLED
AN ACT to amend rule 45 of the rules of civil procedure: (1) to establish a time limit for serving upon each party to an action a copy of a subpoena to appear or to produce records and (2) to authorize a party to an action to object to a subpoena.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 1A‑1, Rule 45(b)(2), reads as rewritten:
"(2)	Service of copy. – A copy of the subpoena served under subdivision (1) of this subsection shall also be served upon each party in the manner prescribed by Rule 5(b). Service on the other parties shall be made within three business days after the service of the subpoena upon the person named therein. This subdivision does not apply to subpoenas issued under G.S. 15A‑801 or G.S. 15A‑802."
SECTION 2.  G.S. 1A‑1, Rule 45, is amended by adding a new subsection to read:
"(d1)	Opportunity for Inspection of Subpoenaed Matter. – Records, books, papers, documents, or other tangible things produced in compliance with a subpoena shall not be admissible in any action or proceeding unless the party serving the subpoena shall, within five days after the receipt of material produced in compliance with the subpoena, provide all other parties with accurate copies of the material, or with a reasonable opportunity to inspect and copy it."
SECTION 3.  This act becomes effective October 1, 2007, and applies to actions filed on or after that date.