The South Carolina Supreme Court has
proposed several
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.
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.