Form Scca 254 - Subpoena In A Civil Case (Page 2 of 3) in pdf

PROOF OF SERVICE

SERVED

DATE

FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON DAILY

ARRIVAL

PLACE

YES

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):

(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)