Vol. 5, No. 4, Pg. 22. 1993 Changes in the South Carolina Rules of Civil Procedure.

• Author: By Justin S. Kahn

South Carolina Lawyer

1994.

Vol. 5, No. 4, Pg. 22.

1993 Changes in the South Carolina Rules of Civil Procedure

221993 Changes in the South Carolina Rules of Civil ProcedureBy Justin S. KahnOn July 1, 1993, several changes to the South Carolina Rules of Civil Procedure (SCRCP) became effective. These changes, which apply to Rules 5, 11, 16, 34, 45 and 54, are summarized below.

Rule 5

Rule 5(d) was amended to allow the court, on its own initiative, to dismiss an action Wit has been filed but not served on the defendant. Previously, a motion by a party was required. A party may still move to dismiss.

Rule 11

Rule 11(a) now requires the telephone number of the person who signs the pleadings to appear on all pleadings, motions and other papers filed with the court.

Rule 16

The pretrial brief required by Rule 16(c) and all other briefs and memoranda submitted in support of pending motions under Rule 16(e) now must be served on all parties at the same time and by the same means used to serve the Court.

Rule 34

Rule 34(c) has been modified so that production and inspection requests under this Rule apply only to the parties. Production from non-parties is governed by Rule 45, which requires a subpoena for an appearance, production or inspection.

Rule 45

Rule 45 has been completely modified to conform to Rule 45 of the Federal Rules of Civil Procedure as amended in December 1991. The major changes are:

1. the lawyer signs and issues a subpoena on behalf of the court;

2. documents, materials or an inspection can be obtained from a non-party without a deposition; and

3. the non-party's rights are explained and clarified.

* Form. Rule 45(a)(1) specifies the contents of thesubpoena. The subpoena must include: (1) the name of the court from which it issued; (2) the title of the action, name of the court in which it is pending and the civil action number; (3) the command and name of the person to whom it is addressed; and (4) the text of subdivisions (c) and (d), a declaration of the rights and obligations of the person subpoenaed.

Previously, a non-party was required to be deposed to obtain production or inspection from the non-party. The request for production or inspection of evidence now may be joined with a command for a non-party to appear at a hearing, trial or deposition; or it may be issued separately.

* Issuance. The subpoena must...