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Phone Records

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

Answers:

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.


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