South Carolina Subpoena in a Civil Case

State:
South Carolina
Control #:
SC-SKU-0737
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PDF
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Description

Subpoena in a Civil Case

A South Carolina Subpoena in a Civil Case is a legal document issued by a court to compel a witness, either a party to the case or a third party, to appear and testify in court. It may also be used to compel production of evidence or documents. Subpoena in a Civil Case can be issued in two different types: Subpoena Ducks Cecum and Subpoena Ad Testificandum. Subpoena Ducks Cecum is a court order that requires a party to produce evidence or documents relevant to the case. These documents must be produced on or before a certain date and sent to the court or to a party to the case. Subpoena Ad Testificandum is a court order that requires a witness to appear in court and testify on a certain date. The witness may be required to bring certain documents or evidence with them. In South Carolina, a Subpoena in a Civil Case must be served on the witness or party in accordance with the rules of civil procedure. The witness or party is required to respond to the Subpoena by the date specified in the document or risk being held in contempt of court.

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FAQ

If a pleading sets forth a cause of action or defense to which an adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that cause of action or defense.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a cause of action or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.

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.

A person may be held in direct contempt if his/her conduct interferes with judicial proceedings, exhibits disrespect for the Court, or hampers the parties or witnesses.

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.

Order 7 rule 11 Cause of Action Therein, it has been stated that for the purpose of instituting a suit, the cause of action needs to be explicitly mentioned in the plaint. If it has not been mentioned, then the plaint will be rejected by the Court. It is the sole reason why a civil suit exists in the first place.

(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.

More info

TO the person summoned: If you are served with this subpoena less than 5 calendar days before your appearance is required, the court may,. A Subpoena Duces Tecum in a civil case may be issued to obtain documents or tangible things from any entity only if the entity is not a party to the case.A Subpoena is a legal document that commands the person named in the subpoena to appear in Court. I declare under penalty of perjury that this information is true. Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action. Download Form (pdf, 756. A subpoena must issue from the court where the action is pending. 510 4th Street, N.W.. Room 120. The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service.

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South Carolina Subpoena in a Civil Case