Foreign Subpoena

Required when filing an Out-of-State subpoena:

1: $50 check or money order made payable to the Spartanburg County Clerk of Court

2: Completed Civil Action Coversheet (document can be found at link below)

3: Original subpoena issued from filing state

4: List of all counsel of record in case or pro se litigants. List should include all names, addresses, and phone numbers.

5: It is preferred a filled out South Carolina Subpoena (document can be found at link below) be sent along with documents.

Civil Action Coversheet

South Carolina Subpoena

Clerks Manual: 6.7.6 Foreign Subpoenas and Depositions in Out-of-State Actions 

NOTE: Please be advised that a pro se litigant or an attorney who is not a member of the South Carolina Bar should file a foreign subpoena through the traditional "paper" manner in E-filing counties. An out of state filer is not required to seek the assistance of a SC Bar member to E-file a foreign subpoena. Pursuant to Section 15-47-120, SC Code, a request for the issuance of a foreign subpoena does not constitute an appearance in the courts of this State. However, SC Bar members are required to E-file foreign subpoenas in E-filing counties.

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S.C. Code Ann. § 15-47-120. Issuance of subpoena.

(A) To request issuance of a subpoena under this chapter, a party must submit a foreign subpoena to the clerk of court of the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this State.

(B) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with the rules of court, promptly shall issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena must incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.