A South Carolina Subpoena Ducks Cecum is a type of legal process used to compel a person to appear in court and/or produce documents for use in a legal proceeding. It is issued by a judge, magistrate, or other court official and is served in person on the person or entity. It requires the recipient to appear in court and/or produce documents, records, or other tangible evidence. There are three types of South Carolina Subpoena Ducks Cecum: a Trial Subpoena Ducks Cecum, a Subpoena for a Deposition, and a Subpoena for a Hearing. A Trial Subpoena Ducks Cecum requires the recipient to appear in court and produce documents, records, or other tangible evidence for use at a trial. A Subpoena for a Deposition requires the recipient to appear at a deposition and produce documents, records, or other tangible evidence for use at the deposition. A Subpoena for a Hearing requires the recipient to appear at a hearing and produce documents, records, or other tangible evidence for use at the hearing.
South Carolina Subpoena Duces Tecum
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How to fill out South Carolina Subpoena Duces Tecum?
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FAQ
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.
Objections to a Subpoena Duces Tecum The objection must be in writing, and it must be served on the party or the attorney designated in the subpoena within ten calendar days of service of the subpoena, or before the time set for compliance if the time is less than ten calendar days after service.
Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.
To file a Motion to Quash, send it directly to the judge who is hearing the case. (If you are not sure who that is, contact the clerk of the court where the case is being heard and request information about the name of the judge and the proper address to whom it should be mailed or emailed.)
Section 15-47-120 of the South Carolina Code states that a request for the issue of a foreign subpoena does not constitute attendance in the courts of this State.