South Carolina Subpoena Criminal AO 89 is a court order requiring a witness or party to appear in court to give testimony or provide evidence in a criminal case. This subpoena is issued by a magistrate or court clerk on behalf of the court. There are two types of South Carolina Subpoena Criminal AO 89: Subpoena Ad Testificandum, which requires a witness to appear in court to testify; and Subpoena Ducks Cecum, which requires a witness or party to produce documents and/or other tangible evidence. Both types of subpoenas must be served in accordance with the applicable rules of civil procedure.
South Carolina Subpoena Criminal AO 89
State:
South Carolina
Control #:
SC-SKU-0210
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PDF
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Subpoena Criminal AO 89
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FAQ
While the criminal defense lawyer or a prosecutor can serve a subpoena, the court has the responsibility to enforce them. A subpoena in a criminal case could be served by anyone other than a defendant.
An attorney who is counsel of record in a proceeding may issue and sign a subpoena obtained by electronic or other means from the clerk of court as an officer of a court for any deposition, hearing, or trial held in conjunction with such proceeding.
A subpoena commands the appearance of an individual and/or the production of specified items before the court of issuance.
A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence.
What is a Subpoena? A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines.
If you willfully ignore a federal subpoena, whether by failing to appear or providing the requested information, a motion may be filed to compel you to appear, followed by a move to charge you with criminal contempt.
Rule 17 of the Federal Rules of Criminal Procedure deals with subpoenas. Subdivision (f)(2) as proposed by the Supreme Court provides: The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court.