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Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.
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.
(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.
Discovery Rule specifics in South Carolina The South Carolina Supreme Court phrased it this way: ?The statute of limitations runs from the date the injured party either knows or should have known by the exercise of reasonable diligence that a cause of action arises from the wrongful conduct.?
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.
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.