Form SCCA254 "Subpoena in a Civil Case" - South Carolina

What Is Form SCCA254?

This is a legal form that was released by the South Carolina Judicial Department - a government authority operating within South Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on May 1, 2015;
  • The latest edition provided by the South Carolina Judicial Department;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form SCCA254 by clicking the link below or browse more documents and templates provided by the South Carolina Judicial Department.

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Download Form SCCA254 "Subpoena in a Civil Case" - South Carolina

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STATE OF SOUTH CAROLINA
ISSUED BY THE ____________________________ COURT IN THE COUNTY OF _________________________
____________________________________ , Plaintiff
v.
SUBPOENA IN A CIVIL CASE
__________________________________, Defendant
Case Number: ______________________________
Pending in ____________________________ County
TO: _____________________________________________________________________________
YOU ARE COMMANDED to appear in the above named court at the place, and time specified below to testify in the
above case.
PLACE OF TESTIMONY_____________________
COURTROOM _____________________________
__________________________________________
DATE AND TIME _______________, ____________
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION
DATE AND TIME ________________, ___________
___________________________________________
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects in
your possession, custody or control at the place, date and time specified below (list documents of objects:
___________________________________________________________________________________________
PLACE
DATE AND TIME ________________ , __________
___________________________________________
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES
________________, __________
DATE AND TIME
________________________________________
ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS IS HEREBY DIRECTED TO RULE 30(b)(6), SOUTH CAROLINA RULES OF
CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING
AGENTS, OR OTHER PERSONS WHO CONSENT TO TESTIFY ON ITS BEHALF, SHALL SET FORTH, FOR EACH PERSON DESIGNATED,
THE MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO
MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION
I CERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(1), AND THAT NOTICE AS REQUIRED BY RULE 45(b)(1) HAS BEEN
GIVEN TO ALL PARTIES.
Attorney/Issuing Officer’s Signature
Date
Print Name
Indicate if Attorney for Plaintiff or Defendant
Attorney’s Address and Telephone Number :
Clerk of Court/Issuing Officer’s Signature
Date
Print Name
Pro Se Litigant’s Name, Address and Telephone Number :
SCCA 254 (05/2015)
(See Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3)
STATE OF SOUTH CAROLINA
ISSUED BY THE ____________________________ COURT IN THE COUNTY OF _________________________
____________________________________ , Plaintiff
v.
SUBPOENA IN A CIVIL CASE
__________________________________, Defendant
Case Number: ______________________________
Pending in ____________________________ County
TO: _____________________________________________________________________________
YOU ARE COMMANDED to appear in the above named court at the place, and time specified below to testify in the
above case.
PLACE OF TESTIMONY_____________________
COURTROOM _____________________________
__________________________________________
DATE AND TIME _______________, ____________
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION
DATE AND TIME ________________, ___________
___________________________________________
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects in
your possession, custody or control at the place, date and time specified below (list documents of objects:
___________________________________________________________________________________________
PLACE
DATE AND TIME ________________ , __________
___________________________________________
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES
________________, __________
DATE AND TIME
________________________________________
ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS IS HEREBY DIRECTED TO RULE 30(b)(6), SOUTH CAROLINA RULES OF
CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING
AGENTS, OR OTHER PERSONS WHO CONSENT TO TESTIFY ON ITS BEHALF, SHALL SET FORTH, FOR EACH PERSON DESIGNATED,
THE MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO
MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION
I CERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(1), AND THAT NOTICE AS REQUIRED BY RULE 45(b)(1) HAS BEEN
GIVEN TO ALL PARTIES.
Attorney/Issuing Officer’s Signature
Date
Print Name
Indicate if Attorney for Plaintiff or Defendant
Attorney’s Address and Telephone Number :
Clerk of Court/Issuing Officer’s Signature
Date
Print Name
Pro Se Litigant’s Name, Address and Telephone Number :
SCCA 254 (05/2015)
(See Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3)
PROOF OF SERVICE
SERVED
DATE
FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON DAILY
ARRIVAL
PLACE
YES
NO
AMOUNT $
SERVED ON
MANNER OF SERVICE
SERVED BY
TITLE
DECLARATION OF SERVER
I certify that the foregoing information contained in the Proof of Service is true and correct.
Executed on_____________________________
_______________________________________________________________
SIGNATURE OF SERVER
_______________________________________________________________
ADDRESS OF SERVER
_________________________________________________________________________________________________________________________
Rule 45, South Carolina Rules of Civil Procedures, 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. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party
or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of designated electronically stored information, books, papers, documents or
tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for
deposition, hearing or trial. A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and
documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall
pay the reasonable costs of reproduction.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the
subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the
subpoena written objection to inspection or copying of any or all of the designated materials or of the premises—or to producing electronically stored
information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce, move at any time in the court that issued the subpoena for an order to compel the
production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from
the inspection and copying commanded.
(3)(A) On timely motion, the court by which a subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or
inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time for compliance; or
(ii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
travel more than 50 miles from the county where that person resides, is employed or regularly transacts business in person, except that, subject to the
provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in
which the trial is held; or
(iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) If a subpoena:
(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the
expert's study made not at the request of any party, or
SCCA 254 (05/2015)
(See Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3)
(iii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
incur substantial expense to travel from the county where that person resides, is employed or regularly transacts business in person, the court may, to
protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a
substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena
is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1)(A)A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce
the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) A person responding to a subpoena need not produce the same electronically stored information in more than one form.
(D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not
reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must
show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(6)(B). The court may specify
conditions for the discovery.
(2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim
shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is
sufficient to enable the demanding party to contest the claim.
(B) If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial preparation material, the person making
the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester,
or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may
promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being
notified, the receiving party must take reasonable steps to retrieve the information. The person who produced the information must preserve the
information until the claim is resolved.
SCCA 254 (05/2015)
(See Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3)
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