50-49. Witnesses; subpoenas; depositions; court assistance.
(a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books, records, documents, and other evidence. Subpoenas issued by the arbitrators shall be served and, upon application to the court by a party or the arbitrators, enforced in the manner provided by law for service and enforcement of subpoenas in a civil action.
(b) On the application of a party and for use as evidence, the arbitrators may permit depositions to be taken in the manner and upon the terms the arbitrators designate.
(c) All provisions of law compelling a person under subpoena to testify apply.
(d) The arbitrators or a party with the approval of the arbitrators may request assistance from the court in obtaining discovery and taking evidence, in which event the Rules of Civil Procedure under Chapter 1A of the General Statutes and Chapters 50, 50A, 52B, and 52C of the General Statutes apply. The court may execute the request within its competence and according to its rules on discovery and evidence and may impose sanctions for failure to comply with its orders.
(e) A subpoena may be issued as provided by G.S. 8-59, in which case the witness compensation provisions of G.S. 6-51, 6-53, and 7A-314 shall apply. (1999-185, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 50 - Divorce and Alimony
Article 3 - Family Law Arbitration Act.
§ 50-41 - Purpose; short title.
§ 50-42 - Arbitration agreements made valid, irrevocable, and enforceable.
§ 50-42.1 - Nonwaivable provisions.
§ 50-43 - Proceedings to compel or stay arbitration.
§ 50-44 - Interim relief and interim measures.
§ 50-45 - Appointment of arbitrators; rules for conducting the arbitration.
§ 50-45.1 - Disclosure by arbitrator.
§ 50-46 - Majority action by arbitrators.
§ 50-48 - Representation by attorney.
§ 50-49 - Witnesses; subpoenas; depositions; court assistance.
§ 50-52 - Change of award by arbitrators.
§ 50-53 - Confirmation of award.
§ 50-55 - Modification or correction of award.
§ 50-57 - Orders or judgments on award.
§ 50-58 - Applications to the court.
§ 50-59 - Court; jurisdiction; other definitions.