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South Carolina
JUDICIAL DEPARTMENT
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RULE 903

RULE 903
SUBSCRIBING WITNESS' TESTIMONY UNNECESSARY

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by statute or by the laws of the jurisdiction whose laws govern the validity of the writing.

Note:

This rule adds "by statute" to the federal rule. The law in South Carolina is that the testimony of a subscribing witness is generally not necessary for authentication. Edgar v. Brown, 15 S.C.L. (4 McCord) 91 (1827); S.C. Code Ann. § 19-1-120 (1985) (the absence of a witness to any bond or note shall not be deemed a good cause by any court for postponing a trial, but the signature may be proved by other testimony); S.C. Code Ann. § 62-2-503 (Supp. 1993) (Uniform Probate Code's provision for self-proved wills); §§ 62-3-405 and -406 (Supp. 1993) (requirements of proof of execution when will not self-proved and submitted for formal probate).