The South Carolina Supreme Court has
rule changes to the South Carolina General Assembly. The only proposed
change to the South Carolina Rules of Civil Procedure relates to Rule
45. That proposal relates to when the witness fee is tendered.
The Court explains that Rule 45 "Paragraph (b)(1) is amended to provide
that fees for attendance and reimbursement for mileage must be tendered
when the person arrives in accordance with the subpoena, rather than at
the time of the service of a subpoena. The amendment also clarifies that
a person commanded to appear is entitled to a fee for each day's attendance,
and mileage is properly measured from the person's residence to the
location commanded in the subpoena. Parties issuing subpoenas commanding
the attendance of a person should take care to promptly notify the person
if his or her attendance is no longer required because a trial, hearing,
or deposition has been cancelled or rescheduled."
The proposed rule would require tendering the witness fee upon the witnesses
appearance instead of at the time of serving the subpoena.
If the Legislature does not act, the rule will go into effect in the beginning of May.
The new Rule 45(b)(1) would read as follows:
45(b)(1) A subpoena may be served by any person who is not a party and
is not less than 18 years of age. Service of a subpoena upon a person
named therein shall be made in the same manner prescribed for service
of a summons and complaint in Rule 4(d) or (j). If the person's attendance
is commanded, then that person shall, upon his arrival in accordance with
the subpoena, be tendered fees for each day's attendance of $25.00
and the mileage allowed by law for official travel of State officers and
employees from his residence to the location commanded in the subpoena.
When the subpoena is issued on behalf of the State of South Carolina or
an officer or agency thereof, fees and mileage need not be tendered. 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 in the manner prescribed by Rule 5(b) at
least 10 days before the time specified for compliance.