This form is a sample civil subpoena for use in personal injury action.
South Carolina Civil Subpoena - Personal Injury
State:
Multi-State
Control #:
US-PI-0047
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Civil Subpoena - Personal Injury?
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FAQ
Subpoenas for documents must identify the person, business or organization that has the documents and describe the documents to be produced. The subpoena must also say why the documents are necessary for the case. The person producing the documents should produce them at the hearing, on the first day of the hearing.
Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.
Rule 45, South Carolina Rules of Civil Procedure, Parts (c) and (d): (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
To comply with Rule 45, SCRCP, you must serve a copy on the opposing party before serving on the entity you are requesting documents from. Then, the subpoena can be served by any person who is not a party or an attorney in the case, or by certified mail.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and. (B) inspection of premises at the premises to be inspected.
The Court may 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.
Paragraph (c)(3)(A) states that the court shall quash or modify the subpoena if there is no reasonable time to comply, requires excessive travel, calls for privileged material or creates an undue burden.