How to Fill Out and File the South Carolina Subpoena Request Form

South Carolina’s civil subpoena form is SCCA 254, available as a fillable PDF from the South Carolina Judicial Branch or in paper form at your county Clerk of Court.¹ The form draws its authority from Rule 45 of the South Carolina Rules of Civil Procedure, and it only becomes enforceable once it is properly completed, issued by the clerk or an authorized attorney, and served on the recipient by someone other than you.

Where to Get the Form

The Judicial Branch publishes SCCA 254 (Subpoena in a Civil Case) on its court forms page at sccourts.org.¹ You can also pick up a blank copy at the Clerk of Court in the county where your case is pending. Because the PDF is fillable, you can type directly into it before printing.

What the Form Can Command

SCCA 254 uses checkboxes for four different commands, and you select the one that fits your need:²

Appear and testify at court, meaning the witness shows up at a specific courtroom for trial or a hearing.
Appear and testify at a deposition, meaning sworn pretrial testimony at a designated location.
Produce documents, electronically stored information, or physical objects for inspection and copying.
Permit inspection of premises at a set date and time.

You can check more than one box on the same form. Someone giving deposition testimony and bringing records with them, for example, gets both commands on one subpoena.

Filling Out the Form

Every field on SCCA 254 ties back to a Rule 45 requirement, and missing or inaccurate information is a common reason subpoenas get challenged.

Case Identification

At the top, fill in the name of the court (Court of Common Pleas for most civil cases), the county and judicial circuit, the plaintiff and defendant names, and the case number assigned by the clerk when the lawsuit was filed.³ Getting any of these wrong can prevent the clerk from linking the subpoena to the right proceeding.

Recipient Information

The “TO” line requires the full legal name of the person being subpoenaed, as it appears on official records. Nicknames and abbreviations invite objections. If you are subpoenaing business records, name the individual custodian responsible for them, not just the company.

The Command Section

After checking the appropriate box, specify the exact date, time, and location where the person must appear or produce materials.³ For document production, describe the materials with enough specificity that the recipient knows exactly what to gather. “All financial records” is too vague and invites a motion to quash. “Bank statements from First National Bank, account ending in 4521, for January 2024 through December 2025” tells the recipient precisely what you want.

The Compliance Certification

Near the bottom, the form includes a certification that the subpoena complies with Rule 45(c)(1) and that notice has been given to all parties as required by Rule 45(a)(4).² If the subpoena commands document production before trial, you must serve a copy on every other party in the case at least ten days before the compliance date.³ Signing the certification without actually giving that notice can expose you to sanctions.

Getting the Subpoena Issued

A completed form has no legal force until it is formally issued. Two paths exist. You can take the completed form to the Clerk of Court, who will sign and seal it. Alternatively, an attorney authorized to practice in the court where the case is pending can sign and issue the subpoena directly, without involving the clerk.³ Self-represented litigants need the clerk’s signature. Either way, that signature turns the form into a binding court order.

Serving the Subpoena

Service is where subpoenas most often go wrong. Rule 45 controls who can serve, how far the recipient can be compelled to travel, and what has to be paid.

Who Can Serve

Any person at least 18 years old who is not a party to the case can deliver the subpoena.³ You cannot hand it to the recipient yourself. Most litigants hire a professional process server or use a county sheriff’s deputy. Fees vary by county and provider, so call ahead for a quote.

Geographic Limits

A subpoena commanding a nonparty to attend a deposition can only require travel within 50 miles of where the witness lives, works, or regularly conducts business. For trial, a witness can be compelled to appear anywhere in the state. Exceeding these limits gives the recipient grounds to have the subpoena quashed.

Witness Fees

When the subpoena commands someone to appear in person, witness fees are owed when the person arrives in compliance. The fee is $25.00 per day of attendance, plus mileage at the rate set for official travel of South Carolina state employees, measured from the witness’s residence to the commanded location.³ The South Carolina Comptroller General pegs that mileage rate to the IRS standard business rate, which as of January 2025 is $0.70 per mile.⁴ Check the Comptroller General’s website for any updated rate. Payment is technically due on arrival rather than at the moment of service, but having it ready at service is common practice and avoids disputes later.

Filing Proof of Service

After the subpoena is delivered, the person who served it must file proof of service with the Clerk of Court. The filing must include the date and manner of service and the names of the persons served, certified by the server.³ This document is the official record that the recipient was properly notified. Without it, the court has no basis to enforce compliance or hold the recipient in contempt.

If the Recipient Pushes Back

A person who receives a subpoena has options, and knowing them helps the requesting party avoid a subpoena that gets thrown out.

Written Objections to Document Requests

A person commanded to produce documents or allow inspection may serve a written objection on the requesting party. The objection must be served within 14 days after service of the subpoena, or before the compliance deadline if that date is sooner.³ Once an objection is served, the requesting party cannot simply demand compliance and must instead file a motion to compel production.

Motion to Quash

The recipient or any affected party can file a motion asking the court to quash or modify the subpoena. Courts will quash a subpoena that fails to allow reasonable time to comply, exceeds geographic limits, demands privileged or protected information, or imposes an undue burden. The party who issued the subpoena has an affirmative duty to take reasonable steps to avoid undue burden or expense on the recipient, and a court can impose sanctions, including attorney’s fees, for ignoring that obligation.² Describing documents with reasonable specificity, setting a realistic compliance deadline, and staying within the 50-mile deposition limit head off most successful motions to quash.

What Happens if the Subpoena Is Ignored

Anyone properly served with a subpoena in South Carolina who refuses or deliberately fails to obey it commits a misdemeanor. A conviction carries a fine between $100 and $500, imprisonment for up to six months, or both.⁵ The same penalties apply to a witness who appears but refuses to take an oath or answer questions posed by the court. A judge can also hold a noncompliant witness in contempt, which carries additional fines and possible jail time at the court’s discretion.

This is where the filed proof of service does its real work. If the witness claims they were never served, that certified statement of date, time, and manner of delivery is the evidence the court relies on to enforce compliance or issue a bench warrant.

1
South Carolina Judicial Branch. Court Forms
2
South Carolina Judicial Branch. South Carolina Subpoena in a Civil Case
3
South Carolina Judicial Branch. South Carolina Rules of Civil Procedure Rule 45 – Subpoena
4
SC Comptroller General. 2025 Mileage Rate
5
South Carolina Legislature. South Carolina Code 16-9-330 – Refusal or Wilful Failure to Obey Subpoena; Refusal to Take Oath or Answer Questions as Required by Court