South Carolina Subpoena

Introduction

Key Things to Know

1. 1

   A South Carolina subpoena is a command from a named court, carrying the title of the action and its civil action number, directing a person to attend and give testimony, to produce and permit inspection and copying of designated books, documents or tangible things, or to permit inspection of premises, at a stated time and place (Rule 45(a)(1)).

2. 2

   The South Carolina witness fee is $25.00 for each day's attendance (Rule 45(b)(1)).

3. 3

   South Carolina mileage is not a fixed cents figure. The rule gives the witness the mileage allowed by law for official travel of State officers and employees, measured from the witness's residence to the location commanded in the subpoena, so you use the current state travel rate.

4. 4

   Those fees are tendered upon the witness's arrival in accordance with the subpoena, and no fees or mileage need be tendered at all when the subpoena is issued on behalf of the State of South Carolina or an officer or agency of the State (Rule 45(b)(1)).

5. 5

   A South Carolina subpoena must set forth on its face the text of subdivisions (c) and (d) of Rule 45, the protection and duties provisions. The clerk issues one signed but otherwise in blank, and an attorney as officer of the court may issue and sign one for a court where the attorney is authorized to practice (Rule 45(a)(1) and (a)(3)).

6. 6

   To get documents before trial, serve a copy of the subpoena on each party under Rule 5(b) at least ten days before the compliance date, and do it before the subpoena goes to the person who must produce (Rule 45(a)(4)).

7. 7

   A nonparty who is not an officer, director or managing agent of a party cannot be made to travel more than 50 miles from the county where that person resides, is employed or regularly transacts business in person, except in order to attend trial (Rule 45(c)(3)(A)(ii)).

South Carolina Requirements for Subpoena

• Witness Fee of $25.00 a Day

  If attendance is commanded, the person shall be tendered fees for each day attendance of $25.00 (Rule 45(b)(1)). No fees or mileage need be tendered where the subpoena is issued on behalf of the State of South Carolina or an officer or agency of the State.

• Tender Is Due on Arrival, Not at Service

  Rule 45(b)(1) ties the tender to the moment the witness arrives in accordance with the subpoena. Service itself is made in the manner prescribed for a summons and complaint under Rule 4(d) or 4(j), by any person who is not a party and is at least 18 years of age.

• Mileage at the State Officer Travel Rate

  The rule gives the witness the mileage allowed by law for official travel of State officers and employees, measured from the witness residence to the location commanded in the subpoena (Rule 45(b)(1)). No cents-per-mile figure appears in Rule 45, so look up the current state travel rate rather than reusing a number from an old template.

• Clerk or Attorney as Officer of the Court

  The clerk shall issue a subpoena signed but otherwise in blank to a party requesting it, who completes it before service, and an attorney as officer of the court may also issue and sign one on behalf of a court in which the attorney is authorized to practice (Rule 45(a)(3)).

• Rule 45(c) and (d) Must Appear on the Face

  South Carolina prescribes no numbered statewide form, but Rule 45(a)(1) requires every subpoena to state the issuing court, the title of the action, the name of the court where it is pending and its civil action number, the command, and the text of subdivisions (c) and (d) of the rule.

• Which County Court Issues It

  Trial or hearing attendance issues from the county where the trial is held, deposition attendance from the county the notice designates, and a standalone production from the county where production is made. A subpoena to a nonparty who is not an officer, director or managing agent of a party must issue from, and be served in, the county where that nonparty resides, is employed or regularly transacts business in person (Rule 45(a)(2), 45(b)(2)).

• Ten Days to the Parties, Fourteen to Object

  Before a pre-trial production or inspection subpoena is served on its recipient, a copy must be served on each party under Rule 5(b) at least ten days before the compliance time (Rule 45(a)(4)). The recipient may serve written objection within 14 days after service, or before the compliance time if that is sooner (Rule 45(c)(2)(B)).

• Fifty-Mile Nonparty Protection and Contempt

  On timely motion the court shall quash or modify a subpoena requiring a nonparty who is not an officer, director or managing agent of a party to travel more than 50 miles from the county of residence, employment or regular business, except to attend trial (Rule 45(c)(3)(A)(ii)). Failure without adequate excuse may be deemed contempt of the issuing court, and exceeding that 50-mile limit is itself an adequate excuse (Rule 45(e)).