§ 120-10.6. Discovery. - North Carolina Statutes

§ 120‑10.6.  Discovery.

(a)        Depositions. –After service of the notice of intent, any party, after five days notice to theother party or parties may take depositions to sustain or invalidate theelection. The contestant shall complete the taking of depositions to submitwith the contestant's petition at any time within 20 days following the date ofservice of the notice of intent, and a contestee shall complete the taking ofthe contestee's depositions within 30 days following the date of service of thenotice of intent on the contestee. By written stipulation of the parties, thetestimony of any witness may be filed in the form of an affidavit by thewitness within the same time limitations prescribed for the taking ofdepositions. Every deposition shall be taken before a person authorized by lawto administer oaths, who shall certify and seal the deposition in the samemanner as in judicial civil proceedings and file the same with the clerk.

(b)        Witnesses. –Subpoenas for witnesses in a contest shall be issued upon the application ofeither party or upon motion of the committee under the same procedures as underArticle 5A of this Chapter and shall be enforced as provided under G.S. 120‑19.4.Witnesses shall be entitled to the same allowances and privileges, and besubject to the same penalties, as witnesses summoned to attend the courts. (2005‑3, s. 2.)