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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.
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.
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 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.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written