When litigation is pending outside South Carolina but discovery is required from a witness, business, or records custodian located within the state, the foreign subpoena must first be domesticated before it can be served or enforced. South Carolina has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at S.C. Code Ann. §§ 15-47-100 through 15-47-160, which allows a foreign subpoena to be issued locally as a South Carolina subpoena. To request issuance of a subpoena in South Carolina, a party must submit a foreign subpoena to the clerk of court of the county where discovery is sought.
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UIDDA domestication in South Carolina is a ministerial, clerk-issued process. Importantly, requesting issuance of a South Carolina UIDDA subpoena does not constitute a legal appearance and does not require pro hac vice admission. The subpoena is issued by the Clerk of Court in the proper county and then served in compliance with South Carolina law. A subpoena in South Carolina has the authority of a court order, and violating it can lead to contempt charges. Subpoenas can be used to compel a witness to attend a testimonial court proceeding, commonly referred to as a trial subpoena, or to obtain information from persons, corporations, or partnerships who are not parties to the litigation, known as a discovery subpoena. Subpoenas can be served by the sheriff’s office or by any adult 18 years old or older who is not a party to the litigation. Failing to comply with a subpoena can result in being held in contempt of court.
Countrywide Process
January 27, 2026
The Uniform Interstate Depositions and Discovery Act (UIDDA) streamlines the process for obtaining evidence and testimony from out-of-state witnesses in South Carolina civil cases. By adopting the UIDDA, South Carolina has made it easier for parties involved in litigation to request and secure information, documents, or depositions from individuals or entities located within the state, even when the underlying case is pending elsewhere.
Under South Carolina law, the UIDDA process is governed by the state’s civil procedure rules, ensuring that every step—from issuance to service—follows established legal standards. The process begins when a party to a case requests the issuance of a subpoena for discovery purposes. This request is submitted to the clerk of court in the county where the witness lives, works, or where the evidence is held. The clerk then issues a South Carolina subpoena that mirrors the original out-of-state subpoena, ensuring compliance with both the uniform act and local rules.
Once issued, the subpoena must be properly served on the witness or person in possession of the requested evidence, in accordance with South Carolina’s civil procedure requirements. This process is essential for parties seeking to gather testimony, documents, or electronically stored information necessary to support their claims or defenses. By following the UIDDA procedures, attorneys and pro se litigants can efficiently obtain the evidence they need, while ensuring that all actions are authorized by the court and compliant with state law.
Note: Subpoenas must include the names, addresses, and telephone numbers of all counsel of record in the proceeding.
South Carolina’s UIDDA statutes authorize clerks of court to issue subpoenas for discovery in cases pending outside the state. Jurisdiction is determined by location, not by the originating court.
In a criminal case, a court order is required to declare that an out-of-state witness is material and necessary before a subpoena can be issued. These procedures are governed by section 19-7-110 of the South Carolina Code.
To domesticate a foreign subpoena, the clerk requires materials that allow the South Carolina subpoena to mirror the foreign subpoena exactly and identify all parties involved.
Countrywide Process provides the correct South Carolina UIDDA subpoena and supporting materials, ensuring:
Attorneys retain control of substantive discovery decisions; Countrywide Process manages administrative execution.
South Carolina uses uniform statewide fees, which simplifies planning for attorneys handling out-of-state discovery.
Witness attendance and mileage fees are typically tendered at the time of service or appearance.
Countrywide Process advances the $50.00 filing fee and, if requested, all witness fees, reducing delays and administrative friction.
Although internal clerk workflows may vary slightly by county, the UIDDA process in South Carolina follows a consistent structure:
During this process, a subpoena may require an individual to produce, permit inspection, or copying of records or documents as part of discovery.
All service of process must comply with South Carolina Rule of Civil Procedure 45.
Once issued, a South Carolina UIDDA subpoena must be:
Countrywide Process coordinates service through professional South Carolina process servers statewide, ensuring:
After a South Carolina UIDDA subpoena has been issued and served, the next critical step is ensuring compliance. The person or witness named in the subpoena is legally required to appear, testify, or produce the requested documents and evidence as specified. If the witness fails to comply—whether by not appearing, refusing to provide testimony, or withholding evidence—the party seeking discovery has several enforcement options under South Carolina’s civil procedure rules.
The requesting party may petition the court to enforce the subpoena. The court has the authority to compel compliance, and may issue orders holding the non-compliant witness in contempt. In some cases, the court can direct the sheriff’s office to bring the witness before the court or to ensure that the requested evidence is produced. These enforcement mechanisms are designed to uphold the integrity of the discovery process and ensure that parties have access to the information necessary for their cases.
Attorneys familiar with the Uniform Interstate Depositions and Discovery Act can guide parties through the enforcement process, helping them navigate the procedures for requesting court intervention or seeking assistance from the clerk or sheriff’s office. By following the proper legal steps and utilizing the authority of the court, parties can overcome obstacles to discovery and secure the evidence needed for effective litigation. Whether you are seeking testimony, documents, or inspection of premises, understanding and leveraging the enforcement provisions of the UIDDA in South Carolina is essential for successful case preparation.
Countrywide Process acts as a single point of coordination for South Carolina subpoena domestication and service.
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Yes. South Carolina adopted UIDDA at S.C. Code Ann. §§ 15-47-100 through 15-47-160
No. Requesting issuance of a South Carolina UIDDA subpoena does not constitute a legal appearance and does not require local counsel or pro hac vice admission
South Carolina charges a standardized $50.00 filing and issuance fee statewide for UIDDA subpoenas
The subpoena must be issued in the South Carolina county where the witness resides, is employed, or where the requested evidence is located.
Yes. Witnesses are entitled to $25.00 per day plus mileage reimbursement at the applicable state rate.
Service must be completed by a non-party adult aged 18 or older in accordance with South Carolina Rule of Civil Procedure 45.
Yes. Countrywide Process provides the correct subpoena, identifies the proper jurisdiction, coordinates issuance, serves the subpoena through professional South Carolina process servers, and advances the $50 filing fee and witness fees when requested.
A deposition is a legal proceeding where a witness provides sworn testimony outside of court, usually as part of pre-trial discovery. In South Carolina, a subpoena can be issued to compel a witness to attend a deposition and provide testimony or produce documents.
If you do not want to appear, you should file a motion to quash the subpoena before the court date. This legal procedure asks the court to invalidate or dismiss the subpoena.
If a witness fails to comply with a subpoena, the court can compel the witness to appear and may impose penalties for noncompliance.
A subpoena in South Carolina may be issued for various legal proceedings, including civil cases, depositions, and other judicial events where evidence or testimony is required.
