South Carolina · SCRCP Rule 45
Serving Subpoenas in South Carolina
DFS serves South Carolina subpoenas for trials, hearings, depositions and records, following SCRCP Rule 45 and returning the certified statement of service the issuing court expects.
Witnesses and records on a schedule
A subpoena only works if it reaches the witness or custodian in time. Under SCRCP Rule 45(b)(1), any person who is not a party and is at least 18 may generally serve one, using the same methods allowed for a summons under Rule 4(d).
Rule 45 also sets geography for nonparties: a deposition or production subpoena generally issues from and is served in the county where the nonparty lives, works or regularly does business in person, and a court must quash or modify one requiring travel more than 50 miles from that county.
How subpoena service works
- Send the issued subpoenaInclude the signed subpoena, the compliance date and the witness address.
- Confirm timingDFS schedules attempts so the witness has reasonable time to comply.
- Serve and recordDelivery is filmed and logged like every DFS serve.
- Return proofThe certified proof of service comes back for filing with the clerk.
Subpoena work DFS handles
Trial, deposition and records subpoenas served under SCRCP Rule 45, with certified proof of service.
- Trial and hearing subpoenasDelivery to witnesses in time for the court date.
- Deposition subpoenasService on nonparty witnesses in the county where they live or work.
- Records subpoenasDelivery to records custodians at businesses, medical offices and agencies.
- Federal subpoenasService under FRCP 45 for cases in the District of South Carolina or elsewhere.
- Certified proofA statement of the date, manner and person served, as Rule 45(b)(3) describes.
Subpoena responsibilities that stay with counsel
Rule 45 places several duties on the party issuing the subpoena.
- Witness fees and mileage are generally tendered when the witness arrives, not at service.
- Pre-trial records subpoenas require notice to other parties at least ten days before compliance and before service.
- DFS does not issue, complete or modify subpoenas.
Questions about subpoena service
Can a South Carolina attorney issue a subpoena?
Yes. Rule 45 lets the clerk issue a subpoena signed in blank, and an attorney may also issue and sign one as an officer of the court.
How does a records custodian object?
Rule 45 generally allows a written objection within 14 days after service or before the compliance date if sooner. The objection goes to the issuing party, not DFS.
Can DFS serve a subpoena from another state?
Yes, once it has been domesticated. South Carolina's version of the uniform interstate deposition act has the county clerk issue a South Carolina subpoena first.
South Carolina guides
Longer answers from the DFS Guides & FAQ.
Related pages
More on process serving in South Carolina.
Reviewed October 2026 by Delator Field Services. General information about South Carolina practice, not legal advice.
Papers to serve in South Carolina?
Send the documents and the recipient’s last known address through the request form. DFS confirms the county, service level and price in writing before the first attempt.
Questions first? Call or text (629) 310-8667 or email contact@delatorgroup.com.