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FAQ

Section 15-47-120 of the South Carolina Code states that a request for the issue of a foreign subpoena does not constitute attendance in the courts of this State.

Subpoenas cannot be issued before a case has been filed ? if the subpoena's caption says, ?Investigative file no. 867999334,? instead of a Case Number with the Clerk's Office, it is an illegal subpoena that cannot be enforced.

An attorney as officer of the court may also issue and sign a subpoena on behalf of a court in which the attorney is authorized to practice.

Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing.

A subpoena is a document or writ issued under authority of the court for service upon a witness to compel their appearance in court. The attorney of record may sign civil subpoenas but the Clerk of Court must sign criminal subpoenas.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.