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Supreme Court Seal
South Carolina
Judicial Branch

RULE 903

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by statute or by the laws of the jurisdiction whose laws govern the validity of the writing.


This rule adds "by statute" to the federal rule. The law in South Carolina is that the testimony of a subscribing witness is generally not necessary for authentication. Edgar v. Brown, 15 S.C.L. (4 McCord) 91 (1827); S.C. Code Ann. § 19-1-120 (1985) (the absence of a witness to any bond or note shall not be deemed a good cause by any court for postponing a trial, but the signature may be proved by other testimony); S.C. Code Ann. § 62-2-503 (Supp. 1993) (Uniform Probate Code's provision for self-proved wills); §§ 62-3-405 and -406 (Supp. 1993) (requirements of proof of execution when will not self-proved and submitted for formal probate).