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2002-06-18-02 The Supreme Court of South Carolina

The Supreme Court of South Carolina


By Order dated January 9, 2002, the attached amendments to the the South Carolina Rules of Civil Procedure were adopted and were submitted to the Chairmen of the House and Senate Judiciary Committees on January 25, 2002. The amendments have not been disapproved by the General Assembly in the manner provided by Article V, § 4A, of the South Carolina Constitution. Accordingly, the amendments shall become effective on September 1, 2002.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina

June 18, 2002


1. The second sentence of Rule 45(b)(1) is amended to read:

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), and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance of $25.00 and the mileage allowed by law for official travel of State officers and employees.

2. The second sentence of Rule 45(e), SCRCP, is amended to read:

An adequate cause for failure to obey exists when a subpoena purports to require a non-party to attend a deposition, permit an inspection, or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A); or if served without an adequate time to respond as provided in Rule 45(b)(1); or if service is made upon an individual under Rule 4(d)(1) and the individual did not receive or acknowledge the subpoena.

3. The following Note is added to Rule 45, SCRCP:

Note to 2002 Amendment

The first 2002 amendment amends Rule 45(b)(1) to permit service of subpoenas by the same method as used to serve a summons and complaint. First, in addition to in hand service of the subpoena, service on an individual could be made by leaving the subpoena at the person's home or usual place of abode with a person of suitable age and discretion then residing there as provided in Rule 4(d)(1). Second, a subpoena could be served on an individual, a corporation, or a partnership by registered or certified mail, return receipt requested and delivery restricted to the addressee under Rule 4(d)(8). In addition, the person or the person's attorney may accept service under Rule 4(j).

The second 2002 amendment amends Rule 45(e), to make clear the circumstances when service is effective and may be enforced through the contempt power.

4. The first two sentences of Rule 53 (b), SCRCP, are replaced with the following:

In an action where the parties consent, in a default case, or an action for foreclosure, some or all of the causes of action in a case may be referred to a master or special referee by order of a circuit judge or the clerk of court. In all other actions, the circuit court may, upon application of any party or upon its own motion, direct a reference of some or all of the causes of action in a case. Any party may request a jury pursuant to Rule 38 on any or all issues triable of right by a jury and, upon the filing of a jury demand, the matter shall be returned to the circuit court.

5. The following note is added after Rule 53:

Note to 2002 Amendment

The 2002 amendment permits referral of foreclosure cases to the master-in-equity by order of the clerk of court. If there are counterclaims requiring a jury trial, any party may file a demand for a jury under Rule 38 and the case will be returned to the circuit court.