In the labyrinthine world of legal documentation and procedure, the SCCA 254F form plays a critical role within the South Carolina family court system. This document, designated as a subpoena in civil cases, empowers attorneys and parties to command the presence of individuals for court appearances, depositions, and the inspection or production of documents and premises related to a case. The form encompasses vital sections that mandate compliance with various procedural rules, ensuring protection for those subpoenaed against undue burdens and specifying the consequences for non-compliance. Moreover, it includes provisions for the designation of individuals by non-party organizations to testify on their behalf, in line with Rule 30(b)(6) of the South Carolina Rules of Civil Procedure. The form also addresses the responsibilities of parties and attorneys in issuing subpoenas, highlighting the importance of avoiding imposing undue burden or expense on the subjects of these legal documents. By facilitating the orderly and fair conduct of pre-trial and trial proceedings, the SCCA 254F form underscores the intricate balance between the efficient administration of justice and the protection of individual rights within the legal system of South Carolina.
| Question | Answer |
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| Form Name | Scca 254F Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | issuance, 2011, unretained, richland circuit court for south carolina subpoena in a civil case form scca 254 |
STATE OF SOUTH CAROLINA |
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IN THE FAMILY COURT |
COUNTY OF ___________________________ |
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______________ JUDICIAL CIRCUIT |
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SUBPOENA IN A CIVIL CASE |
Plaintiff, |
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vs. |
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Defendant. ) |
Docket No. _____________________________ |
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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 or 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 SHALL 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 |
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Print Name |
Indicate if Attorney for Plaintiff or Defendant |
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Attorney’s Address and Telephone Number : |
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Clerk of Court/Issuing Officer’s Signature |
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Print Name |
Pro Se Litigant’s Name, Address and Telephone Number: |
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Custodial Parent (if applicable):
SCCA 254F (05/2011)
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PROOF OF SERVICE
SERVED |
DATE |
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PLACE |
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SERVED ON |
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SERVED BY |
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FEES AND MILEAGE TENDERED TO WITNESS
YES |
NO AMOUNT $ |
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MANNER OF SERVICE |
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TITLE |
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DECLARATION OF SERVER |
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I certify that the foregoing information contained in the Proof of Service is true and correct. |
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Executed on |
_____________________________________________________________________ |
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SIGNATURE OF SERVER |
_____________________________________________________________________
ADDRESS OF SERVER
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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 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. 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
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
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 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.
(2)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.
SCCA 254F (05/2011)
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