South Carolina Small Claims Court Witness Subpoena

You have a hearing in South Carolina Magistrate Court and a key witness who may not show up voluntarily. Maybe it is a neighbor who saw the damage, a mechanic who inspected the car, or a former coworker who overheard the conversation. A letter from an absent witness is generally not a substitute for testimony, so plan for the witness to appear live or ask the magistrate about the limited written-examination procedures.

A subpoena compels a witness to appear at your hearing. Here is how the process works.

Written Witness Statements Usually Are Not Admissible

This is the rule that catches most people off guard. In South Carolina Magistrate Court, witness testimony generally is given live, in person, at the hearing. A signed letter, a notarized affidavit, or a written declaration from someone who is not present is generally inadmissible as hearsay.

There are limited written-examination procedures. Under SCMCR Rule 23(f) and S.C. Code § 22-3-940, a magistrate may take a witness's examination in writing in specified circumstances, including when the witness cannot attend for just cause, extreme age, sickness or infirmity, or residence outside the court's county. Section 22-3-940 also provides notice and, when interrogatories are used, four days to prepare cross-interrogatories. A personal letter or affidavit is not a substitute for this procedure.

If your witness cannot attend, ask the magistrate about this written-examination procedure. A subpoena compels attendance; it does not by itself make an absent witness's letter admissible.

There is a narrow exception for business records under the business records hearsay exception. A properly authenticated invoice, repair estimate, or medical billing statement may be admitted as a business record. But a witness's account of what happened is not a business record.

How to Request a Subpoena

Contact the Magistrate Court clerk handling your case and request a subpoena for each witness you need. You will need:

• The full legal name of each witness
• The witness's address (for service)
• The case number and hearing date

The court charges $8.00 per in-county subpoena to prepare and serve it. You pay this fee upfront. In addition, the party requesting the subpoena must pay the witness $25.00 for each day's attendance, plus mileage at the rate provided for official travel by State officers and employees. If you win, the court may include taxable subpoena and witness costs in the costs awarded against the other party.

Serving the Subpoena

Under SCMCR Rule 23(b), a subpoena may be served by the sheriff, a deputy, a court constable, or another person at least 18 years old who is not a party. Service must follow Rules 6 and 8(c).

S.C. Code § 22-3-930 requires service so the witness receives the subpoena at least one day before attendance is required. Give the witness more notice when possible; one to two weeks is a practical guideline, not the statutory minimum.

If you are a party, have another eligible adult or a law-enforcement officer serve it.

What Happens If a Subpoenaed Witness Does Not Appear

Under S.C. Code § 22-3-930, if a witness fails or refuses to attend, the magistrate may issue a Rule to Show Cause commanding that the witness be brought before the magistrate. If an attending witness refuses to give evidence without good cause, the magistrate may punish the witness for contempt within the limits in S.C. Code § 22-3-550. Contact the clerk promptly if a subpoenaed witness does not appear.

How Many Witnesses Can You Subpoena?

There is no fixed limit on the number of witnesses you can subpoena, but there are practical constraints. Each in-county subpoena carries an $8.00 court charge, and the requesting party must also pay a subpoenaed witness $25.00 per day of attendance plus mileage. The magistrate may question whether all witnesses are relevant. As a general rule, subpoena only witnesses whose testimony is directly relevant to a disputed fact — not character witnesses or people who will repeat what another witness already said.

Preparing Your Witnesses

Whether a witness appears voluntarily or under subpoena, prepare them by explaining:

• The date, time, and location of the hearing
• What questions you plan to ask them (you cannot coach their answers, but you can tell them the topics)
• That the other side will have the opportunity to ask them questions too (cross-examination)
• That they should bring any documents or items you discussed (photographs, receipts, correspondence)

Consider preparing three copies of any documents a witness will reference — one for the magistrate, one for the opposing party, and one for your own use.

The Responding to a Small Claims Case in South Carolina guide includes an Evidence and Witness Organizer worksheet for tracking which witnesses cover which disputed facts and what documents they should bring.

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