South Carolina

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within South Carolina:

The party seeking the subpoena must comply with the following statute:

Click here for South Carolina Uniform Interstate Depositions and Discovery Act – Title 15

Serving the subpoena (Rule 45):

Click here for South Carolina Rule 45

South Carolina sample subpoena:

Click here for South Carolina Sample Subpoena Form

Click here for South Carolina Courts Main Forms Website

Required Steps:

  1. To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to the clerk of court of the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this State.
  2.  When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with the rules of court, promptly shall issue a subpoena for service upon the person to which the foreign subpoena is directed.
  3.  A subpoena under this section shall:
    1. Incorporate the terms used in the foreign subpoena; and
    2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
  4. A subpoena served under this section must comply with South Carolina’s rules relating to service of a subpoena.
  5. Pay a fee of $8.00 to the clerk.

Witness fees:

As per rule 45, witness fees are $25 per day. Mileage is .54 per mile to and from the site where witness is requested to appear.

Notice time:

Rule 45 provides that the subpoena must allow for reasonable time for compliance.   Unless otherwise ordered by the court, prior notice in writing of any commanded production of documents and things or inspection of premises before trial shall be served on each party at least 14 days before the time specified for compliance.

Notice to adverse parties:

As per Rule 30, a party desiring to take the deposition of any person upon oral examination shall give ten (10) days notice in writing to every other party to the action.