A South Carolina Subpoena in a Civil Case is a court order that requires a witness to appear in court to testify or produce documents. It is issued by the court and served by a third party, such as a sheriff or process server. The subpoena must be served on the witness no less than five days before the court appearance. There are two types of South Carolina Subpoenas in a Civil Case: Subpoena Ducks Cecum and Subpoena Ad Testificandum. Subpoena Ducks Cecum is a court order that requires the witness to produce documents or other tangible evidence such as records, photographs, or other items that are relevant to the case. Subpoena Ad Testificandum is a court order that requires the witness to appear in court to testify. The witness must appear on the date and time specified and may be questioned by the parties involved in the case.
South Carolina Subpoena in a Civil Case
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FAQ
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy, any designated documents, or electronically stored information (including writings, drawings, graphs, charts, photographs, phonorecords, and other data
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.
If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the county or judicial district, as the case may be, in which the deposition is being taken the failure may be considered a contempt of that court.
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.
(1) At the beginning of each deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness' own counsel, for clarifications, definitions, or explanations of any words, questions or documents presented during the course of the deposition.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
(a) Signature. Every pleading, motion or other paper of a party represented by an attorney shall be signed in his individual name by at least one attorney of record who is admitted to practice law in South Carolina, and whose address and telephone number shall be stated.
If a deponent fails to be sworn or to answer a question after being directed to do so by the court the failure may be considered a contempt of that court. (2) Sanctions by Court in Which Action Is Pending.