(a)  In tort claims involving a plaintiff who is an inmate in the North Carolina Division of Adult Correction, the Commission shall set contested cases or motions for hearing as follows:

(1)           in the prison unit where plaintiff is incarcerated or in some other prison facility or secure facility;

(2)           by videoteleconference; or

(3)           by telephone conference.

(b)  In cases involving multiple filings by an inmate, the Commission may, in the interests of justice and for judicial economy, consolidate all of the claims for hearing upon the motion of either party or upon the Commission's own motion.

(c)  The witnesses incarcerated by the North Carolina Division of Adult Correction may be subpoenaed by a writ of habeas corpus ad testificandum.  Plaintiff shall file an Application and Writ of Habeas Corpus Ad Testificandum, with a copy to the defendant, for review and approval by the Deputy Commissioner before whom the matter is calendared for an evidentiary hearing in accordance with G.S. 97-101.1.

(d)  All other subpoenas shall be issued in accordance with Rule 45 of the North Carolina Rules of Civil Procedure, with the exception that production of public records or hospital records as provided in Rule 45(c)(2), shall be served upon the Commissioner or Deputy Commissioner before whom the matter is calendared or upon the Docket Section of the Commission should the case not be calendared.


History Note:        Authority G.S. 97-101.1; 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0204 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.