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Can a lawyer subpoena text messages and
financials before a court date/discovery? The
paperwork was submitted and released without the
clerk of court/issuing officer signature.
Asked on June 16, 2019 under Family Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
If there is a filed case that has been issued a docket number, then the attorney can subpoena the material at any time before the "discover end date," or date by which the court said discovery must be fully completed. While a lack of signature may invalidate this subpoena, nothing will stop them from reussing with the signature.