Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
2022-11-17-01

The Supreme Court of South Carolina

Re: Amendments to Rules 413 and 502, South Carolina Appellate Court Rules

Appellate Case No. 2022-000837

 

 


ORDER


By Order dated September 28, 2022, this Court amended the Rules for Lawyer Disciplinary Enforcement (RLDE) and the Rules for Judicial Disciplinary Enforcement (RJDE), which are found in Rule 413 and Rule 502 of the South Carolina Appellate Court Rules.  We find a further amendment is necessary to clarify the intent of one of these changes with respect to the service of a subpoena on a non-party during an investigation.

Pursuant to Article V, Section 4 of the South Carolina Constitution, the last sentence of 14(c)(1), RLDE, Rule 413, SCACR is amended to read:

A subpoena directed to a non-party shall be served on the non-party as provided in Rule 4(d) or (j) of the South Carolina Rules of Civil Procedure; provided a copy of the subpoena is not required to be served on the lawyer if issued pursuant to Rule 15(b)(1) of these rules.

Additionally, the last sentence of Rule 14(c)(1), RJDE, Rule 502, SCACR, is amended to read:

A subpoena directed to a non-party shall be served on the non-party as provided in Rule 4(d) or (j) of the South Carolina Rules of Civil Procedure; provided a copy of the subpoena is not required to be served on the judge if issued pursuant to Rule 15(b)(1) of these rules.

The amendments are effectively immediately.

                                                                                             

s/Donald W. Beatty                        C.J.

s/John W. Kittredge                           J.

s/Kaye G. Hearn                                J.

s/John Cannon Few                           J.

s/George C. James, Jr.                      J.


Columbia, South Carolina
November 17, 2022