A. Issuance and Service. Subpoenas by or on behalf of any party shall be issued in blank form by the clerk of the Court. An unrepresented party requesting a subpoena shall complete the form and return the completed form to the clerk of the Court for signature before service; upon service, the unrepresented party shall file a copy of the subpoena and the return of service with the clerk of the Court. An attorney authorized to practice before the courts of the State of South Carolina, as an officer of the court, may also issue and sign a subpoena on behalf of the Court. The attorney shall complete the form before service and file a copy of the subpoena and the return of service with the clerk of the Court upon service. The party requesting the subpoena shall be responsible for service of the subpoena and the payment of fees and mileage in accordance with Rule 45, SCRCP.B. Enforcement. The administrative law judge shall enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of records, books, and papers, and have the power to punish as for contempt of court, by fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records that have been required by subpoena to be produced.C. Motions to Quash or Modify Subpoenas. A person to whom a subpoena has been issued may move before the administrative law judge for an order quashing or modifying the subpoena.S.C. R. P. Admin. Law. Ct. 22
2014 Revised Notes
Rule 22(A) provides the procedure for issuance and service of subpoenas. An unrepresented party requesting a subpoena must complete the blank form and return the completed form to the clerk for signature before service. The clerk will not sign a subpoena form which is incomplete or contains erroneous information. As officers of the Court, attorneys may issue and sign subpoenas on behalf of the Court. Rule 22(C) provides the procedure for motions to quash or modify subpoenas. The administrative law judge has the power to enforce subpoenas and to sanction parties for failure to comply with subpoenas as for contempt.