Preview
File No
STATE OF NORTH CAROLINA 23CV030484-910
In The General Court Of Justice
WAKE District x Superior Court Division
County
Additional File Numbers
LIANA MCLEMORE SAULS
VERSUS
DEVIN LASSITER SUBPOENA
G.S. 1A-1, Rule 45; 8-59, -61, -63; 154-801, -802
Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be
x State/Plaintiff Defendant
signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge.
Name And Address Of Person Subpoenaed Altemate Address
TO
Tyler Sauls
1413 Wylie Way
Wake Forest, NC 27587
Telephone No. Telephone No.
984-304-4849
YOU ARE COMMANDED TO: (check ail that apply)
[ appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
x appear and testify, in the above entitled action, at ©a deposition at the place, date and time indicated below.
x produce and permit inspection and copying of the following items, at the place, date and time indicated below.
See attached list. (List here if space sufficient)
Produce all written communication, including but not limited to text messages, emails, social media posts between Tyler Sauls and
Devin Lassiter from May 1, 2023 through July 22, 2024.
Produce a copy of Tyler Sauls Raleigh Police Department employee file from May 1, 2024 through July 22, 2024, including but
not limited to all disciplinary actions taken against Tyler Saul S.
Name And Location Of Court/Place Of Deposition/Place To Produce Date To Appear/Produce, Until Released
Perry, Brandt & McLemore, Attorneys at Law 07/22/2024
417 S. Main Street Time To Appear/Produce, Until Released
1:00
x PM
Wake Forest, NC 27587
Date
Name And Address Of Applicant Or Applicant's Attomey 06/21/2024
Trevor D. Brandt
Perry, Brandt & McLemore, Attomeys at Law
417 S. Main Street O Clerk Of Superior Court
(deputy csc Assistant CSC
Wake Forest. NC 27587 Attorney/DA District Court Judge
Magistrate
Telephone No. Of Applicant Or Applicant's Attomey
919-556-3008 LI Superior Court Judge
RETURNOFSERVICE
|
certify this subpoena was received and served on the person subpoenaed as follows:
By personal delivery. [_] registered or certified mail, receipt requested and attached.
telephone communication by Sheriff (use only for a witness subpoenaed to appear and testify).
[]
telephone communication by local law enforcement agency (use only for a witness subpoenaed to appear and testify in a criminal case).
NOTE TO COURT: /f the witness was served by telephone communication from a local law enforcement agency in a criminal case, the
court may not issue a show cause order or order for arrest against the witness until the witness has been served personally with the written
subpoena.
_! was unable to serve this subpoena. Reason unable to serve:
Service Fee
[ Paid Date Served Name Of Authorized Server (type or print) Signature Of Authorized Server Title/Agency
C Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case.
if a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
AOC-G-100, Rev. 2/18 (Please see reverse side)
© 2018 Administrative Office of the Courts
Electronically Filed Date: 6/21/2024 2:14 PM Wake County Clerk of Superior Court
NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d).
(c) Protection of Persons Subject to Subpoena
(1) Avoid undue burden orexpense A party or an attorney responsible for the (6) Order to compel, exoenses to comely with subpoena When a court enters an
-
-
issuance and service of a subpoena shall take reasonable steps to avoid imposing order compelling a deposition or the production of records, books, papers,
an undue burden or expense on a person subject to the subpoena The court shall documents, electronically stored information, or other tangible things, the order
enforce this subdivision and impose upon the party or attorney in violation of this shall protect any person who is not a party or an agent of a party from significant
requirement an appropriate sanction that may include compensating the person expense resulting from complying with the subpoena The court may order that the
unduly burdened for lost earnings and for reasonable attorneys fees person to whom the subpoena is addressed will be reasonably compensated for
the cost of producing the records, books, papers, documents, electronically stored
(2) For production of public records or hospital medical records. Where the subpoena information. or tangible things specified in the subpoena.
-
commands any custodian of public records or any custodian of hospital medical
records. as defined in G.S 8-44 1. to appear for the sole purpose of producing (7) Trade secrats: confidential information. When a subpoena requires disclosure of a
-
certain records in the custodian's custody, the custodian subpoenaed may, in trade secret or other confidential research, development or commercial information,
tieu of personal appearance, tender to the court in which the action is pending by a court may, to protect a person subject to or affected by the subpoena quash or
registered or certified mail or by personal delivery, on or before the time specified modify the subpoena, or when the party on whose behalf the subpoena is issued
in the subpoena, certified copies of the records requested together with a copy of shows a substantial need for the testimony or material that cannot otherwise be met
the subpoena and an affidavit by the custodian testifying that the copies are true without undue hardship, the court may order a person to make an appearance or
and correct copies and that the records were made and kept in the regular course produce the materials only on specified conditions stated in the order.
of business. or if no such records are in the custodian's custody. an affidavit to that
effect. When the copies of records are personally delivered under this subdivision, (8) Order to quash. expenses. When a court enters an order quashing or modifying
-
the subpoena, the court may order the party on whose behalf the subpoena is
a receipt shall be obtained from the person receiving the records. Any original or
issued to pay all or part of the subpoenaed persons reasonable expenses
certified copy of records or an affidavit delivered according to the provisions of this
subdivision, unless otherwise objectionable, shall be admissible in any action or including attorneys fees.
proceeding without further certification or authentication. Copies of hospital medical
records tendered under this subdivision shall not be open to inspection or copied by (d) Duties in Responding to Subpoena
any person, except to the parties to the case or proceedings and their attorneys in
depositions, until ordered published by the judge at the time of the hearing or trial. (1) Farm of response. A person responding to a subpoena to produce records,
-
books, documents, electronically stored information, or tangible things shall
Nothing contained herein shall be construed to waive the physician-patient privilege
or to require any privileged communication under law to be disclosed. produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the request.
(3) Writtan obiection to subpoenas. Subject to subsection (d) of this rule, a person
-
(?) Form of producing electronically stored information not specified. If subpoena
-
a
commanded to appear at a deposition or to produce and permit the inspection and
does not specify a form for producing electronically stored information, the person
copying of records, books, papers, documents, electronically stored nformation, is maintained or
responding must produce it in a form or forms in which it ordinarily
or tangible things may, within 10 days after service of the subpoena or before the
in a reasonably useable form or forms.
time specified for compliance if the time is less than 10 days after service, serve
upon the party or the attorney designated in the subpoena written objection to the (3) &lectronically stered information in only one form. The person responding need
-
subpoena, setting forth the specific grounds for the objection. The written objection not produce the same electronically stored information in more than one form.
shall comply with the requirements of Rule 11. Each of the following grounds may
be sufficient for objecting to a subpoena: (4) Inaccessible electronically stored information. The person responding need
-
a. The subpoena fails to allow reasonable time for compliance. not provide discovery of electronically stored information from sources that the
b. The subpoena requires disclosure of privileged or other protected matter person identifies as not reasonably accessible because of undue burden or cost.
and no exception or waiver applies to the privilege or protection. On motion to compel discovery or for a protective order, the person responding
c. The subpoena subjects a person to an undue burden or expense. must show that the information is not reasonably accessible because of undue
d. The subpoena is otherwise unreasonable or oppressive. burden or cost. If that showing is made, the court may nonetheless order discovery
e. The subpoena is procedurally defective. from such sources if the requesting party shows good cause, after considering
the limitations of Rule 26(b)(1a).The court may specify conditions for discovery,
(4) Order of court reauired to override obrection If objection is made under including requiring the party that seeks discovery from a nonparty to bear the
-
subdivision (3) of this subsection, the party serving the subpoena shall not be costs of locating, preserving, collecting, and producing the electronically stored
entitled to compel the subpoenaed person's appearance at a deposition or to
information involved
inspect and copy materials to which an objection has been made except pursuant
to an order of the court. If objection is made, the party serving the subpoena may, (5) Specificity of obiection. When information subject to a subpoena is withheld on
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upon notice to the subpoenaed person, move at any time for an order to compel the objection that it is subject to protection as trial preparation materials, or that
the subpoenaed person's appearance at the deposition or the production of the it is otherwise privileged, the objection shall be made with specificity and shall be
materials designated in the subpoena The motion shall be filed in the court in the supported by a description of the nature of the communications, records, books,
county in which the deposition or production of materials is to occur. papers, documents, electronically stored information, or other tangible things not
produced, sufficient for the requesting party to contest the objection.
(5) Motion ta auash or modify subpoena. A person commanded to appear at a
-
trial, hearing, deposition, or to produce and permit the inspection and copying of
records, books, papers, documents, electronically stored information, or other
tangible things, within 10 days after service of the subpoena or before the time
specified for compliance if the time is less than 10 days after service, may file
a motion to quash or modify the subpoena, The court shall quash or modify the
subpoena if the subpoenaed person demonstrates the existence of any of the
reasons set forth in subdivision (3) of this subsection. The motion shall be filed
in the court in the county in which the trial, hearing, deposition, or production of
materials is to occur.
INFORMATION FOR WITNESS
NOTE: / f you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the box labeled "Name And
Address Of Applicant Or Applicants Attomey.
DUTIES OF A WITNESS BRIBING OR THREATENING A WITNESS
e Unless otherwise directed by the presiding judge, you must answer all questions It is a violation of State law for anyone to attempt to bribe, threaten, harass, or
asked when you are on the stand giving testimony. intimidate a witness. If anyone attempts to do any of these things concerning your
involvement as a witness in a case, you should promptly report that to the district
In answering questions, speak clearly and loudly enough to be heard.
attorney or the presiding judge
Your answers to questions must be truthful.
WITNESS FEE
Ifyou are commanded to produce any items, you must bring them with you to court A witness under subpoena and that appears in court to testify, is entitled to a small
or to the deposition.
daily fee, and to travel expense reimbursement, if it is necessary to travel outside the
You must continue to attend court until released by the court. You must continue to county in order to testify. (The fee for an "expert witness" will be set by the presiding
attend a deposition until the deposition is completed. judge ) After you have been discharged as a witness, if you desire to collect the
statutory fee, you should immediately contact the Clerk's office and certify your
attendance as a witness so that you will be paid any amount due you.
AOC-G-100, Side Two, Rev. 2/18
© 2018 Administrative Office of the Courts
Preview
File No STATE OF NORTH CAROLINA 23CV030484-910 In The General Court Of Justice WAKE District x Superior Court Division County Additional File Numbers LIANA MCLEMORE SAULS VERSUS DEVIN LASSITER SUBPOENA G.S. 1A-1, Rule 45; 8-59, -61, -63; 154-801, -802 Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be x State/Plaintiff Defendant signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge. Name And Address Of Person Subpoenaed Altemate Address TO Tyler Sauls 1413 Wylie Way Wake Forest, NC 27587 Telephone No. Telephone No. 984-304-4849 YOU ARE COMMANDED TO: (check ail that apply) [ appear and testify, in the above entitled action, before the court at the place, date and time indicated below. x appear and testify, in the above entitled action, at ©a deposition at the place, date and time indicated below. x produce and permit inspection and copying of the following items, at the place, date and time indicated below. See attached list. (List here if space sufficient) Produce all written communication, including but not limited to text messages, emails, social media posts between Tyler Sauls and Devin Lassiter from May 1, 2023 through July 22, 2024. Produce a copy of Tyler Sauls Raleigh Police Department employee file from May 1, 2024 through July 22, 2024, including but not limited to all disciplinary actions taken against Tyler Saul S. Name And Location Of Court/Place Of Deposition/Place To Produce Date To Appear/Produce, Until Released Perry, Brandt & McLemore, Attorneys at Law 07/22/2024 417 S. Main Street Time To Appear/Produce, Until Released 1:00 x PM Wake Forest, NC 27587 Date Name And Address Of Applicant Or Applicant's Attomey 06/21/2024 Trevor D. Brandt Perry, Brandt & McLemore, Attomeys at Law 417 S. Main Street O Clerk Of Superior Court (deputy csc Assistant CSC Wake Forest. NC 27587 Attorney/DA District Court Judge Magistrate Telephone No. Of Applicant Or Applicant's Attomey 919-556-3008 LI Superior Court Judge RETURNOFSERVICE | certify this subpoena was received and served on the person subpoenaed as follows: By personal delivery. [_] registered or certified mail, receipt requested and attached. telephone communication by Sheriff (use only for a witness subpoenaed to appear and testify). [] telephone communication by local law enforcement agency (use only for a witness subpoenaed to appear and testify in a criminal case). NOTE TO COURT: /f the witness was served by telephone communication from a local law enforcement agency in a criminal case, the court may not issue a show cause order or order for arrest against the witness until the witness has been served personally with the written subpoena. _! was unable to serve this subpoena. Reason unable to serve: Service Fee [ Paid Date Served Name Of Authorized Server (type or print) Signature Of Authorized Server Title/Agency C Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. if a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases. AOC-G-100, Rev. 2/18 (Please see reverse side) © 2018 Administrative Office of the Courts Electronically Filed Date: 6/21/2024 2:14 PM Wake County Clerk of Superior Court NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d). (c) Protection of Persons Subject to Subpoena (1) Avoid undue burden orexpense A party or an attorney responsible for the (6) Order to compel, exoenses to comely with subpoena When a court enters an - - issuance and service of a subpoena shall take reasonable steps to avoid imposing order compelling a deposition or the production of records, books, papers, an undue burden or expense on a person subject to the subpoena The court shall documents, electronically stored information, or other tangible things, the order enforce this subdivision and impose upon the party or attorney in violation of this shall protect any person who is not a party or an agent of a party from significant requirement an appropriate sanction that may include compensating the person expense resulting from complying with the subpoena The court may order that the unduly burdened for lost earnings and for reasonable attorneys fees person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, electronically stored (2) For production of public records or hospital medical records. Where the subpoena information. or tangible things specified in the subpoena. - commands any custodian of public records or any custodian of hospital medical records. as defined in G.S 8-44 1. to appear for the sole purpose of producing (7) Trade secrats: confidential information. When a subpoena requires disclosure of a - certain records in the custodian's custody, the custodian subpoenaed may, in trade secret or other confidential research, development or commercial information, tieu of personal appearance, tender to the court in which the action is pending by a court may, to protect a person subject to or affected by the subpoena quash or registered or certified mail or by personal delivery, on or before the time specified modify the subpoena, or when the party on whose behalf the subpoena is issued in the subpoena, certified copies of the records requested together with a copy of shows a substantial need for the testimony or material that cannot otherwise be met the subpoena and an affidavit by the custodian testifying that the copies are true without undue hardship, the court may order a person to make an appearance or and correct copies and that the records were made and kept in the regular course produce the materials only on specified conditions stated in the order. of business. or if no such records are in the custodian's custody. an affidavit to that effect. When the copies of records are personally delivered under this subdivision, (8) Order to quash. expenses. When a court enters an order quashing or modifying - the subpoena, the court may order the party on whose behalf the subpoena is a receipt shall be obtained from the person receiving the records. Any original or issued to pay all or part of the subpoenaed persons reasonable expenses certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or including attorneys fees. proceeding without further certification or authentication. Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by (d) Duties in Responding to Subpoena any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial. (1) Farm of response. A person responding to a subpoena to produce records, - books, documents, electronically stored information, or tangible things shall Nothing contained herein shall be construed to waive the physician-patient privilege or to require any privileged communication under law to be disclosed. produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. (3) Writtan obiection to subpoenas. Subject to subsection (d) of this rule, a person - (?) Form of producing electronically stored information not specified. If subpoena - a commanded to appear at a deposition or to produce and permit the inspection and does not specify a form for producing electronically stored information, the person copying of records, books, papers, documents, electronically stored nformation, is maintained or responding must produce it in a form or forms in which it ordinarily or tangible things may, within 10 days after service of the subpoena or before the in a reasonably useable form or forms. time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the (3) &lectronically stered information in only one form. The person responding need - subpoena, setting forth the specific grounds for the objection. The written objection not produce the same electronically stored information in more than one form. shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena: (4) Inaccessible electronically stored information. The person responding need - a. The subpoena fails to allow reasonable time for compliance. not provide discovery of electronically stored information from sources that the b. The subpoena requires disclosure of privileged or other protected matter person identifies as not reasonably accessible because of undue burden or cost. and no exception or waiver applies to the privilege or protection. On motion to compel discovery or for a protective order, the person responding c. The subpoena subjects a person to an undue burden or expense. must show that the information is not reasonably accessible because of undue d. The subpoena is otherwise unreasonable or oppressive. burden or cost. If that showing is made, the court may nonetheless order discovery e. The subpoena is procedurally defective. from such sources if the requesting party shows good cause, after considering the limitations of Rule 26(b)(1a).The court may specify conditions for discovery, (4) Order of court reauired to override obrection If objection is made under including requiring the party that seeks discovery from a nonparty to bear the - subdivision (3) of this subsection, the party serving the subpoena shall not be costs of locating, preserving, collecting, and producing the electronically stored entitled to compel the subpoenaed person's appearance at a deposition or to information involved inspect and copy materials to which an objection has been made except pursuant to an order of the court. If objection is made, the party serving the subpoena may, (5) Specificity of obiection. When information subject to a subpoena is withheld on - upon notice to the subpoenaed person, move at any time for an order to compel the objection that it is subject to protection as trial preparation materials, or that the subpoenaed person's appearance at the deposition or the production of the it is otherwise privileged, the objection shall be made with specificity and shall be materials designated in the subpoena The motion shall be filed in the court in the supported by a description of the nature of the communications, records, books, county in which the deposition or production of materials is to occur. papers, documents, electronically stored information, or other tangible things not produced, sufficient for the requesting party to contest the objection. (5) Motion ta auash or modify subpoena. A person commanded to appear at a - trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena, The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. INFORMATION FOR WITNESS NOTE: / f you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the box labeled "Name And Address Of Applicant Or Applicants Attomey. DUTIES OF A WITNESS BRIBING OR THREATENING A WITNESS e Unless otherwise directed by the presiding judge, you must answer all questions It is a violation of State law for anyone to attempt to bribe, threaten, harass, or asked when you are on the stand giving testimony. intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district In answering questions, speak clearly and loudly enough to be heard. attorney or the presiding judge Your answers to questions must be truthful. WITNESS FEE Ifyou are commanded to produce any items, you must bring them with you to court A witness under subpoena and that appears in court to testify, is entitled to a small or to the deposition. daily fee, and to travel expense reimbursement, if it is necessary to travel outside the You must continue to attend court until released by the court. You must continue to county in order to testify. (The fee for an "expert witness" will be set by the presiding attend a deposition until the deposition is completed. judge ) After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk's office and certify your attendance as a witness so that you will be paid any amount due you. AOC-G-100, Side Two, Rev. 2/18 © 2018 Administrative Office of the Courts