South Carolina Subpoena in an Adversary Proceeding - B 255

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This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.

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FAQ

On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost.

If the proof of service document filed with the court is inaccurate, your motion to quash would argue that you were improperly served. If evidence is confidential, or was tampered with, you can file a motion to quash arguing that the judge should not allow that evidence to be admitted or used against you.

A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid. A motion to quash example would be if a party experienced improper service of process. They may decide to file a motion to quash.

Any judge of the superior court, judge of the district court, magistrate, or attorney, as officer of the court, may also issue and sign a subpoena. (1) Manner. - Any subpoena may be served by the sheriff, by the sheriff's deputy, by a coroner, or by any person who is not a party and is not less than 18 years of age. G.S. 1A-1, Rule 45 - North Carolina General Assembly ncleg.net ? statutes ? html ? bysection ncleg.net ? statutes ? html ? bysection

On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. STATE OF SOUTH CAROLINA richlandcountysc.gov ? Probate ? Forms richlandcountysc.gov ? Probate ? Forms

The subpoenaed information could be sensitive, embarrassing, or bad for business. Naturally, many subpoenaed people and companies argue in court that they shouldn't have to comply with the subpoena. This process is known as ?quashing? a subpoena.

A subpoena may be served by the sheriff of any county in which the witness may be found, by his deputy or by any other person who is not a party and is not less than eighteen years of age. Rule 13 - South Carolina Judicial Branch sccourts.org ? courtreg ? displayRule sccourts.org ? courtreg ? displayRule

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South Carolina Subpoena in an Adversary Proceeding - B 255