South Carolina Notice of Subpoena
Description
How to fill out Notice Of Subpoena?
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FAQ
(1) A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made in the same manner prescribed for service of a summons and complaint in Rule 4(d) or (j).
You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena.
LEGAL ANALYSIS (B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. S.C. Code Ann.
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
(3) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. 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.
A subpoena is a legal document that orders a person to comply with certain requests. Subpoenas can be either judicial, issued by a judge, or non-judicial, a subpoena not issued by a judge, clerk, or officer of the court.
(a)(1) Issuance of Subpoenas. Upon the request of any party, the clerk of court shall issue subpoenas or subpoenas duces tecum for any person or persons to attend as witnesses in any cause or matter in the General Sessions Court.
Service of summons may be made by the sheriff, his deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.
Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both.
(4) If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a copy of the subpoena must be served on each party in the manner prescribed by Rule 5(b) at least