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

(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.

(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)