How South Carolina’s Adoption of the UIDDA Facilitates Cross-State Process Service of Foreign Subpoena

South Carolina has recently adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). This has been a major step forward in facilitating cross-state process service of foreign subpoenas. The UIDDA allows for service of process of out-of-state defendants, meaning that South Carolina residents can now be served with subpoenas in other states, and vice versa. This is a big advantage for South Carolina residents, as it eliminates the need to hire a lawyer in another state to serve documents. Furthermore, it is easier and quicker, and can be done at a lower cost. With the adoption of the UIDDA, South Carolina has put itself in a better position to handle cross-state process service of foreign subpoenas.

Overview of the UIDDA

The Uniform Interstate Depositions and Discovery Act (UIDDA) facilitates the service of process of foreign subpoenas and out-of-state requests for discovery. This is achieved by allowing for the service of process of an in-state defendant by the plaintiff’s attorney in the other state. The service of process is accomplished by mailing a copy of the process to the defendant at his last known address, together with a copy of the summons and a copy of the complaint, and requesting that the defendant serve the summons on any other parties and/or causes of action. The plaintiff’s attorney in the other state then serves the summons and complaint on the person who is to be served with the subpoena, and any necessary service of process on third parties.

How the UIDDA Facilitates Cross-State Process Service of Foreign Subpoena

The plaintiff’s attorney in the other state, upon receiving the copy of the summons and complaint and the process from the defendant’s attorney, then serves the defendant with the summons and complaint and a copy of the process. The plaintiff’s attorney then serves the process on the party with the subpoena, who is then required to serve the subpoena on any third parties. The UIDDA facilitates cross-state process service of foreign subpoenas by allowing parties who live in different states to have their documents served on the other side. This is especially important, as foreign subpoenas are usually served on the other side’s counsel, whereas domestic subpoenas are usually served on the party being investigated.

Benefits of South Carolina’s Adoption of the UIDDA

The benefits of South Carolina’s adoption of the UIDDA are numerous. A South Carolina resident who has been served with a foreign subpoena, and who resides in another state, can now have the summons, complaint and process served on any party in the other state who has the power to enforce a foreign judgment. This includes judges, and parties who have power of attorney. The service of process can also be done at a lower cost, as the cost of having the documents served is often less than the amount sought in the foreign subpoena.

Process of Serving a Foreign Subpoena in South Carolina

To serve a foreign subpoena in South Carolina, the process server will take a copy of the summons and complaint to the clerk of court. The clerk will then stamp the copy of the process, create a receipt and issue a “citation.” The server then takes the original copy of the summons and complaint to the judge with the authority of the defendant and submits the citation to secure an order to appear in court. The judge will then issue a summons and a “notice to appear.” The server must then take the original citation to the process server with the power of attorney, who will then stamp the citation.

Conclusion

The South Carolina adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA) has facilitated cross-state process service of foreign subpoenas. It has also given South Carolinians the opportunity to serve process on the other side of a foreign subpoena, at a lower cost than the amount sought in the foreign subpoena.

Helpful Resources for Foreign Subpoenas in South Carolina

The Global Process Server https://www.theglobalprocessserver.com/

Phone: (877) 524-3030

Office: 170 Meeting St., Suite 110, Charleston, SC 29401