Subpoena In Civil Case {SCCA-254}

STATE OF SOUTH CAROLINA ISSUED BY THE ____________________________ COURT IN THE COUNTY OF _________________________ ____________________________________ , Plaintiff v. __________________________________, Defendant SUBPOENA IN A CIVIL CASE 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 Indicate if Attorney for Plaintiff or Defendant Attorney's Address and Telephone Number : Date Print Name Clerk of Court/Issuing Officer's Signature Pro Se Litigant's Name, Address and Telephone Number : Date Print Name SCCA 254 (05/2015) (See Rule 45, South Carolina Rules of Civil Procedure, Parts (c) & (d) on pages 2 and 3) American LegalNet, Inc. www.FormsWorkFlow.com PROOF OF SERVICE SERVED DATE PLACE SERVED ON SERVED BY FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON DAILY ARRIVAL YES NO AMOUNT $ MANNER OF SERVICE 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