reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 1 - General Provisions › Section 19-1-150. Life expectancy tables.

When necessary, in a civil action or other litigation, to establish the life expectancy of a person from any period in his life, whether he is living at the time or not, the table below must be received in all courts and by all persons having power to determine litigation as evidence, along with other evidence as to his health, constitution, and habits, of the life expectancy of the person. In determining the age of a person as of any particular time, periods of six months or more beyond the last full year must be treated as one year in using the table below.
Age Male Female 0 76.62 80.84 1 75.69 79.88 2 74.74 78.91 3 73.76 77.93 4 72.78 76.95 5 71.80 75.96 6 70.81 74.97 7 69.83 73.99 8 68.84 73.00 9 67.86 72.02 10 66.88 71.03 11 65.89 70.05 12 64.91 69.07 13 63.93 68.08 14 62.95 67.10 15 61.98 66.13 16 61.02 65.15 17 60.07 64.17 18 59.12 63.20 19 58.17 62.23 20 57.23 61.26 21 56.29 60.28 22 55.34 59.31 23 54.40 58.34 24 53.45 57.37 25 52.51 56.40 26 51.57 55.43 27 50.62 54.46 28 49.68 53.49 29 48.74 52.53 30 47.79 51.56 31 46.85 50.60 32 45.90 49.63 33 44.95 48.67 34 44.00 47.71 35 43.05 46.75 36 42.11 45.80 37 41.16 44.84 38 40.21 43.89 39 39.27 42.94 40 38.33 42.00 41 37.39 41.05 42 36.46 40.11 43 35.53 39.17 44 34.61 38.23 45 33.69 37.29 46 32.78 36.36 47 31.87 35.43 48 30.97 34.51 49 30.07 33.60 50 29.18 32.69 51 28.28 31.79 52 27.40 30.90 53 26.52 30.01 54 25.65 29.14 55 24.79 28.27 56 23.94 27.41 57 23.10 26.57 58 22.27 25.73 59 21.45 24.90 60 20.64 24.08 61 19.85 23.27 62 19.06 22.47 63 18.29 21.68 64 17.54 20.90 65 16.80 20.12 66 16.08 19.36 67 15.37 18.60 68 14.68 17.86 69 13.99 17.12 70 13.32 16.40 71 12.66 15.69 72 12.01 14.99 73 11.39 14.31 74 10.78 13.64 75 10.18 12.98 76 9.61 12.34 77 9.05 11.71 78 8.50 11.10 79 7.98 10.50 80 7.49 9.92 81 7.01 9.35 82 6.57 8.81 83 6.14 8.29 84 5.74 7.79 85 5.36 7.32 86 5.00 6.87 87 4.66 6.43 88 4.35 6.02 89 4.07 5.64 90 3.81 5.29 91 3.57 4.96 92 3.35 4.61 93 3.15 4.26 94 2.96 3.93 95 2.78 3.63 96 2.62 3.38 97 2.47 3.18 98 2.32 3.02 99 2.19 2.82 100 2.07 2.61 101 1.96 2.42 102 1.86 2.23 103 1.76 2.06 104 1.66 1.89 105 1.57 1.74 106 1.48 1.60 107 1.39 1.47 108 1.30 1.36 109 1.22 1.25 110 1.14 1.16 111 1.07 1.08 112 0.99 1.00 113 0.92 0.93 114 0.85 0.86 115 0.79 0.79 116 0.72 0.73 117 0.66 0.67 118 0.61 0.61 119 0.55 0.56 120 0.50 0.50
HISTORY: 1962 Code Section 26-12; 1952 Code Section 26-12; 1942 Code Section 735; 1932 Code Section 735; Civ. P. '22 Section 751; Civ. C. '12 Section 4014; 1903 (24) 92; 1951 (47) 234; 1963 (53) 93. 1981 Act No. 37; 2004 Act No. 209, Section 1, eff April 26, 2004.
Editor's Note
2004 Act No. 209, Section 2, provides as follows:
"The life expectancy table contained in this section is based on the 2001 Commissioners Standard Ordinary Mortality Table developed by the National Association of Insurance Commissioners."
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 1 - General Provisions › Section 19-1-160. Nonsealed instruments may be considered as sealed.

Whenever it shall appear from the attestation clause or from any other part of any instrument in writing that it was the intention of the party or parties thereto that such instrument should be a sealed instrument then such instrument shall be construed to be, and shall have the effect of, a sealed instrument although no seal be actually attached thereto.
HISTORY: 1962 Code Section 11-1; 1952 Code Section 11-1; 1942 Code Section 6751; 1932 Code Section 6751; Civ. C. '22 Section 3651; Civ. C. '12 Section 2535; Civ. C. '02 Section 1677; 1899 (23) 48.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-10. Proof of ordinances of municipalities.

In all the courts held in this State the printed ordinances of the municipalities in the State, whether they be in pamphlet or book form, shall be admitted into evidence in such courts and shall constitute prima facie evidence of the genuineness of the same, provided the clerk of such municipality certifies to the correctness of the same.
HISTORY: 1962 Code Section 26-51; 1952 Code Section 26-51; 1942 Code Section 715; 1932 Code Section 715; 1930 (36) 1107.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-120. Judicial notice of laws of other United States jurisdictions.

Every court of this State shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States when such common law or statutes shall have been put in issue by the pleadings.
HISTORY: 1962 Code Section 26-62; 1952 Code Section 26-62; 1948 (45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-130. Means by which court may inform itself of other United States laws.

The court may inform itself of such laws in such manner as it may deem proper and may call upon counsel to aid it in obtaining such information.
HISTORY: 1962 Code Section 26-63; 1952 Code Section 26-63; 1948(45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-140. Court shall determine other United States laws.

The determination of such laws shall be made by the court and not by the jury and shall be reviewable.
HISTORY: 1962 Code Section 26-64; 1952 Code Section 26-64; 1948 (45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-150. Parties also may present evidence of other United States laws; notice.

Any party may also present to the trial court any admissible evidence of such laws but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.
HISTORY: 1962 Code Section 26-65; 1952 Code Section 26-65; 1948 (45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-160. Proof of laws of other jurisdictions.

The law of a jurisdiction other than those referred to in Section 19-3-120 shall be an issue for the court but shall not be subject to the foregoing provisions concerning judicial notice.
HISTORY: 1962 Code Section 26-66; 1952 Code Section 26-66; 1948 (45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-170. No evidence of foreign law shall be received or noticed judicially unless pleaded.

No foreign law shall be received in evidence nor shall any court in this State take judicial notice of any foreign law unless such foreign law shall have been appropriately pleaded in the cause in the manner provided by law.
HISTORY: 1962 Code Section 26-67; 1952 Code Section 26-67; 1948 (45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 3 - Proof Of Ordinances And Laws › Section 19-3-180. Rule of construction.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact substantially identical legislation.
HISTORY: 1962 Code Section 26-68; 1952 Code Section 26-68; 1948 (45) 1813.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-10. Admissibility of certified copies or certified photostatic copies of documents.

When the original of any instrument, document or other paper is required or authorized by law to be recorded or is kept on file in any public office of the United States or any agency thereof, the State of South Carolina or any agency thereof or any political subdivision of this State and the original of any such paper is required to be kept on file in any such office, is in the possession of any adverse party or has been lost or destroyed, a certified copy of the record of such paper, if it has been recorded, or copy of such paper, certified by the lawful custodian thereof, if it is kept on file in any such office, must be received in evidence in any court of competent jurisdiction in lieu of the original of such paper. A certified photostatic copy of any such paper may be used in lieu of a certified copy thereof, and such certified photostatic copy shall in all respects be treated as a certified copy under the provisions of this section.
HISTORY: 1962 Code Section 26-101; 1952 Code Section 26-101; 1942 Code Section 713; 1942 (42) 1451.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-20. Notice required under Section 19-5-10.

In case of possession of such paper by any adverse party or his agent or attorney no such paper shall be received in evidence unless two days' notice shall have been given to such adverse party or his attorney that a certified copy thereof will be offered in evidence unless the original be produced as required in such notice. But the time of giving notice herein to any such adverse party, his agent or attorney, may be lessened by the officer presiding at trial in which such certified copy may be offered.
HISTORY: 1962 Code Section 26-102; 1952 Code Section 26-102; 1942 Code Section 713; 1942 (42) 1451.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-30. Admissibility of photostatic or certified copies of certain motor vehicle records.

Photostatic, optical disk, or certified copies of motor vehicle registration applications, registrations, notices of cancellation, suspensions or revocations, reports of violations, and documents pertaining to the motor vehicle safety responsibility laws of this State, when certified by the director of the Department of Motor Vehicles, or his designee, as true copies of originals, on file with the Department of Motor Vehicles, shall be admissible in any proceedings in any court in like manner as the original thereof.
HISTORY: 1962 Code Section 26-102.1; 1955 (49) 184; 1993 Act No. 181, Section 278, eff July 1, 1993; 1996 Act No. 459, Section 31, eff June 5, 1996.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-40. Admissibility of certified photographic copy of instrument or record pertaining to business or government when original is lost or destroyed.

Any certified or authenticated photographic copy of any instrument or record in writing used in or acquired in the conduct of business, or of government, in this State shall, upon certification that the original of such instrument or record has been lost or destroyed, be admitted in evidence in any court in this State as the original of such instrument or record would have been admitted when offered.
HISTORY: 1962 Code Section 26-103; 1952 Code Section 26-103; 1948 (45) 2075; 1957 (50) 179.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-50. Evidence of appointment of executors or administrators.

The judge of probate, on application by the executor or administrator of any deceased person to whom letters testamentary or of administration have been granted, shall furnish a true copy of such order as he may make concerning the probate of the will or granting of administration, certified under his hand, which shall be sufficient evidence of the appointment of such executor or administrator in any such court in this State.
HISTORY: 1962 Code Section 26-104; 1952 Code Section 26-104; 1942 Code Section 410; 1932 Code Section 410; Civ. P. '22 Section 366; Civ. C. '12 Section 3954; Civ. C. '02 Section 2850; G. S. 2182; R. S. 2314; 1789 (5) 109; 1839 (11) 62.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-60. Production of instruments required to be recorded as evidence of execution and recording.

The production, without further or other proof, of the original of any instrument in writing, other than a will, required by law to be recorded shall be prima facie evidence of the execution and recording of such instrument if such instrument shall have been recorded in the manner and place and within the time prescribed by law for recording the same and the recording thereof shall have been certified by the clerk of court or register of deeds.
HISTORY: 1962 Code Section 26-105; 1952 Code Section 26-105; 1942 Code Section 723; 1932 Code Section 723; Civ. P. '22 Section 738; Civ. C. '12 Section 4001; Civ. C. '02 Section 2897; 1898 (22) 745; 1900 (23) 347; 1972 (57) 2542.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-70. Applicability of foregoing section when fraud is alleged.

The provisions of Section 19-5-60 shall not apply when any such recorded instrument is assailed or attacked on the ground of fraud in its execution if at least ten days' previous notice in writing of such ground by a pleading or otherwise duly sworn to shall have been given by the party or his attorney so assailing or attacking such instrument to the opposite party or his attorneys.
HISTORY: 1962 Code Section 26-106; 1952 Code Section 26-106; 1942 Code Section 724; 1932 Code Section 724; Civ. P. '22 Section 739; Civ. C. '12 Section 4002; Civ. C. '02 Section 2898; 1898 (22) 745.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-210. Admissibility of certified copies of grants issued by North Carolina.

It shall be lawful, in every court of this State, for any party, plaintiff or defendant, to produce in evidence certified copies of grants under the authority of the state of North Carolina; provided, however, that the person or persons so applying to produce an office copy of a grant in evidence swear that the original grant is lost, destroyed or out of his power to produce and that he has not destroyed, mislaid or in any way willingly, previous to that time, put it out of his power to produce the same with an intention to produce an office copy of the same in evidence.
Nothing herein contained shall be construed to deprive any person in possession of the original grant of any advantage he would have had or derived from possessing the same in case this section had never been passed.
HISTORY: 1962 Code Section 26-121; 1952 Code Section 26-121; 1942 Code Section 721; 1932 Code Section 721; Civ. P. '22 Section 736; Civ. C. '12 Section 3999; Civ. C. '02 Section 2895; G. S. 2224; R. S. 2360; 1731 (3) 303; 1906 (5) 459; 1942 (42) 1451.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-220. Proof of various instruments.

All exemplifications of records, all deeds and bonds or other specialities, all letters of attorney, procuration, or other powers in writing and all testimonials which shall at any time be produced in any of the courts of this State and shall be attested to have been proved, upon oath, under the corporation seal of any mayor or chief officer of any city, borough or town corporate in any foreign state, under the hand of the governor and public seal of any state in the United States or under the notarial seal of any notary public shall be deemed and adjudged good and sufficient in law in any of the courts of judicature in this State, as if the witnesses to such deeds were produced and proved the same viva voce, except as herein otherwise provided.
HISTORY: 1962 Code Section 26-122; 1952 Code Section 26-122; 1942 Code Section 725; 1932 Code Section 725; Civ. P. '22 Section 740; Civ. C. '12 Section 4003; Civ. C. '02 Section 2899; G. S. 2226; R. S. 2362; 1721 (7) 176; 1731 (8) 285.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-230. Foreign evidences of debt shall be admissible only on basis of reciprocity.

No testimonial, probate, certificate or other instrument under the seal of any foreign court of law, notary public or other magistrate or person qualified and empowered to give the same shall be received in the courts of the State as evidence of any debt or demand owing by any person resident within the limits of this State unless it shall appear to the court that testimonials, probates, certificates or other instruments of writing for the purposes aforesaid which shall be issued from any of the courts of this State or by any of the officers thereof authorized and empowered to give the same are received and allowed as evidence in the courts of such foreign country.
HISTORY: 1962 Code Section 26-123; 1952 Code Section 26-123; 1942 Code Section 726; 1932 Code Section 726; Civ. P. '22 Section 741; Civ. C. '12 Section 4004; Civ. C. '02 Section 2899; G. S. 2227; R. S. 2363; 1787 (5) 45.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-310. Effect of finding of presumed death under Federal Missing Persons Act.

A written finding of presumed death made by the Secretary of War, the Secretary of the Navy or other officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act (56 Stat. 143, 1092, and P. L. 408, Ch. 371, 2d Sess. 78th Cong.) 50 U.S.C. App. 1001-1017, as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office or other place in this State as prima facie evidence of the death of the person therein found to be dead and the date, circumstances and place of his disappearance.
HISTORY: 1962 Code Section 26-131; 1952 Code Section 26-131; 1945 (44) 150.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-320. Effect of report that person is missing, besieged, captured by the enemy or the like.

An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged or captured by an enemy or is dead or alive, made by any officer or employee of the United States authorized by the act referred to in Section 19-5-310 or by any other law of the United States to make the same shall be received in any court, office or other place in this State as prima facie evidence that such person is missing, missing in action, interned in a neutral country, beleaguered, besieged or captured by an enemy or is dead or alive, as the case may be.
HISTORY: 1962 Code Section 26-132; 1952 Code Section 26-132; 1945 (44) 150.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-330. Signature of reports or copies shall prima facie be deemed authorized.

For the purposes of Sections 19-5-310 and 19-5-320 any finding, report or record, or duly certified copy thereof, purporting to have been signed by such officer or employee of the United States as is described in said sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing the same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same such certified copy shall be prima facie evidence of his authority so to certify.
HISTORY: 1962 Code Section 26-133; 1952 Code Section 26-133; 1945 (44) 150.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-510. Uniform Business Records as Evidence Act.

The term "business" shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.
A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
This section may be cited as the Uniform Business Records as Evidence Act.
HISTORY: 1978 Act No. 552 Section 1.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-520. Certified business records.

In addition to those matters provided by Rule 902, South Carolina Rules of Evidence, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(A) The original or a copy of a domestic record that meets the requirements of Rule 803(6), South Carolina Rules of Evidence, as shown by a certification of the custodian or another qualified person that complies with a state statute or a court rule. Before the trial or hearing, the proponent shall give an adverse party reasonable written notice of the intent to offer the record and shall make the record and certification available for inspection so that the party has a fair opportunity to challenge the record.
(B) In a civil case, the original or a copy of a foreign record that is certified by the custodian or another qualified person and otherwise meets the requirements of subsection (A), modified as follows: the certification, rather than complying with a state statute or court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the jurisdiction where the certification is signed. The proponent also shall meet the notice requirements of subsection (A).
HISTORY: 2015 Act No. 4 (S.177), Section 1, eff March 27, 2015.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 5 - Public Documents, Records And Books › Section 19-5-610. Uniform Photographic Copies of Business and Public Records as Evidence Act.

If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original.
This section shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact or adopt it.
This section may be cited as the Uniform Photographic Copies of Business and Public Records as Evidence Act.
HISTORY: 1978 Act No. 552 Section 2.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 7 - Compelling Attendance Of Witnesses › Section 19-7-50. Means by which prisoners shall be brought into court as witnesses.

Whenever it shall be necessary to bring any prisoner into court as a witness in any case the presiding judge may order such prisoner to be brought into court, without the necessity of a writ of habeas corpus. And when the said prisoner shall have given his evidence the judge shall cause him to be remanded to the custody of the officer to whose keeping he shall have been originally committed.
HISTORY: 1962 Code Section 26-205; 1952 Code Section 26-205; 1942 Code Section 690; 1932 Code Section 690; Civ. P. '22 Section 706; Civ. C. '12 Section 3971; Civ. C. '02 Section 2867; G. S. 2201; R. S. 2331; 1808 (5) 571.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 7 - Compelling Attendance Of Witnesses › Section 19-7-60. Process to compel attendance of criminal defendant's witnesses; sanctions for disobedience.

In all criminal prosecutions the accused shall have compulsory process for obtaining witnesses in his favor. The compulsory process shall be in misdemeanors a subpoena under the official signature of the clerk of the court or other judicial officer. Such subpoena or a copy thereof shall be served upon the witness a reasonable time before such witness is required to attend court. For any disobedience to such subpoena the court may punish for contempt.
HISTORY: 1962 Code Section 26-206; 1952 Code Section 26-206; 1942 Code Section 983; 1932 Code Section 983; Cr. P. '22 Section 74; Cr. C. '12 Section 71; Cr. C. '02 Section 45; G. S. 2638; R. S. 45; 1731 (3) 286; 1839 (11) 23; 1896 (22) 102.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-10. Short title.

This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings."
HISTORY: 1962 Code Section 26-301; 1952 Code Section 26-301; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-20. Definitions.

"Witnesses" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
HISTORY: 1962 Code Section 26-302; 1952 Code Section 26-302; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-30. Holding of hearing when resident is wanted as witness in another state.

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution or grand jury investigation and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.
HISTORY: 1962 Code Section 26-303; 1952 Code Section 26-303; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-40. Ordering resident witness to attend out-of-state proceedings.

If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence and of any other state through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court in which the prosecution is pending or in which a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
HISTORY: 1962 Code Section 26-304; 1952 Code Section 26-304; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-50. Delivery of witness to custody of officer of requesting state.

If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for such hearing. And the judge at the hearing, being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing a subpoena or summons, order that such witness be forthwith taken into custody and delivered to an officer of the requesting state.
HISTORY: 1962 Code Section 26-305; 1952 Code Section 26-305; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-60. Penalty for failure to attend as witness out of state.

If the witness who is summoned as provided in Section 19-9-40, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
HISTORY: 1962 Code Section 26-306; 1952 Code Section 26-306; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-70. Request by this State for witness from reciprocating state.

If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this State is a material witness in a prosecution pending in a court of record in this State or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State. The certificate shall be presented to a judge of a court of record in the county in which the witness is found.
HISTORY: 1962 Code Section 26-307; 1952 Code Section 26-307; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-80. Costs and fees paid to nonresident witness.

If the witness is summoned to attend and testify in this State he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he is required to travel and attend as a witness.
HISTORY: 1962 Code Section 26-308; 1952 Code Section 26-308; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-90. Limit on time nonresident witness may be kept in State.

A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.
HISTORY: 1962 Code Section 26-309; 1952 Code Section 26-309; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-100. Penalty for failure to attend as witness in this State.

If such witness after coming into this State fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
HISTORY: 1962 Code Section 26-310; 1952 Code Section 26-310; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-110. Nonresident witness shall not be subject to arrest or service of process.

If a person comes into this State in obedience to a summons directing him to attend and testify in this State, he shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
HISTORY: 1962 Code Section 26-311; 1952 Code Section 26-311; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-120. Witnesses passing through State shall not be subject to arrest or service of process.

If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
HISTORY: 1962 Code Section 26-312; 1952 Code Section 26-312; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 9 - Uniform Act To Secure The Attendance Of Witnesses From Without A State In Criminal Proceedings › Section 19-9-130. Rule of construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact substantially identical legislation.
HISTORY: 1962 Code Section 26-313; 1952 Code Section 26-313; 1948 (45) 1810.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 11 - Competency Of Witnesses › Section 19-11-20. "Dead man's" statute.

Notwithstanding the provisions of Section 19-11-10, no party to an action or proceeding, no person who has a legal or equitable interest which may be affected by the event of the action or proceeding, no person who, previous to such examination, has had such an interest, however the same may have been transferred or come to the party to the action or proceeding, and no assignor of anything in controversy in the action shall be examined in regard to any transaction or communication between such witness and a person at the time of such examination deceased, insane or lunatic as a witness against a party then prosecuting or defending the action as executor, administrator, heir-at-law, next of kin, assignee, legatee, devisee or survivor of such deceased person or as assignee or committee of such insane person or lunatic, when such examination or any judgment or determination in such action or proceeding can in any manner affect the interest of such witness or the interest previously owned or represented by him. But when such executor, administrator, heir-at-law, next of kin, assignee, legatee, devisee, survivor or committee shall be examined on his own behalf in regard to such transaction or communication or when testimony of such deceased or insane person or lunatic in regard to such transaction or communication, however the same may have been perpetuated or made competent, shall be given in evidence on the trial or hearing in behalf of such executor, administrator, heir-at-law, next of kin, assignee, legatee, devisee, survivor or committee, then all other persons not otherwise rendered incompetent shall be made competent witnesses in relation to such transaction or communication on said trial or hearing.
HISTORY: 1962 Code Section 26-402; 1952 Code Section 26-402; 1942 Code Section 692; 1932 Code Section 692; Civ. P. '22 Section 708; Civ. P. '12 Section 438; Civ. P. '02 Section 400; 1870 (14) Section 415.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 11 - Competency Of Witnesses › Section 19-11-30. Competency of husband or wife of party as witness.

In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.
Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, or criminal sexual conduct involving a minor.
HISTORY: 1962 Code Section 26-403; 1952 Code Section 26-403; 1942 Code Sections 692, 1012; 1932 Code Sections 692, 1012; Civ. P. '22 Section 708; Cr. P. '22 Section 98; Civ. P. '12 Section 438; Cr. C. '12 Section 91; Civ. P. '02 Section 400; Cr. C. '02 Section 65; G. S. 2644; R. S. 65; 1866 (13) 378; 1870 (14) Section 415; 1986 Act No. 439, eff May 26, 1986; 1992 Act No. 412, Section 3, eff June 2, 1992; 1995 Act No. 104, Section 3, eff September 3, 1995; 2012 Act No. 255, Section 4, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 11 - Competency Of Witnesses › Section 19-11-50. Testimony of defendant in criminal cases.

The testimony of a defendant in a criminal case shall not be afterwards used against the defendant in any other criminal case, except upon an indictment for perjury founded on that testimony.
HISTORY: 1962 Code Section 26-405; 1952 Code Section 26-405; 1942 Code Sections 1011, 1012; 1932 Code Sections 1011, 1012; Cr. P. '22 Sections 97, 98; Cr. C. '12 Sections 90, 91; Cr. C. '02 Sections 64, 65; G. S. 2642, 2644; R. S. 63, 65; 1866 (13) 378; 1995 Act No. 104, Section 4, eff September 3, 1995.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 11 - Competency Of Witnesses › Section 19-11-80. Privilege against self-incrimination.

No person shall be required to answer any question tending to incriminate himself.
HISTORY: 1962 Code Section 26-408; 1952 Code Section 26-408; 1942 Code Section 1012; 1932 Code Section 1012; Cr. P. '22 Section 98; Cr. C. '12 Section 91; Cr. C. '02 Section 65; G. S. 2644; R. S. 65; 1866 (13) 378.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 11 - Competency Of Witnesses › Section 19-11-90. Priest-penitent privilege.

In any legal or quasi-legal trial, hearing or proceeding before any court, commission or committee no regular or duly ordained minister, priest or rabbi shall be required, in giving testimony, to disclose any confidential communication properly entrusted to him in his professional capacity and necessary and proper to enable him to discharge the functions of his office according to the usual course of practice or discipline of his church or religious body. This prohibition shall not apply to cases where the party in whose favor it is made waives the rights conferred.
HISTORY: 1962 Code Section 26-409; 1959 (51) 344.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 11 - Competency Of Witnesses › Section 19-11-100. Qualified privilege against disclosure for news media; waiver.

(A) A person, company, or entity engaged in or that has been engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium has a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party in interest to the proceeding.
(B) The person, company, or other entity may not be compelled to disclose any information or document or produce any item obtained or prepared in the gathering or dissemination of news unless the party seeking to compel the production or testimony establishes by clear and convincing evidence that this privilege has been knowingly waived or that the testimony or production sought:
(1) is material and relevant to the controversy for which the testimony or production is sought;
(2) cannot be reasonably obtained by alternative means; and
(3) is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item.
(C) Publication of any information, document, or item obtained in the gathering and dissemination of news does not constitute a waiver of the qualified privilege against compelled disclosure provided for in this section.
HISTORY: 1993 Act No. 138, Section 1, eff June 14, 1993.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 21 - Perpetuation Of Evidence › Section 19-21-10. Substituting new records for lost, destroyed, or abstracted records of decrees and judgments.

The plaintiff in any judgment or decree, the record whereof has been destroyed, abstracted or lost, or his personal representatives, or other person claiming under or through them, or any of them, or any person whatever having an interest in the preservation of the evidence of such judgment or decree, may upon notice of not less than twenty-one days, served as a summons in actions is now served pursuant to law, upon the defendant therein or upon those upon whom his liability has devolved, or others interested to oppose the application, apply to the court in which such judgment or decree was rendered for leave to substitute a new record. If, upon hearing the evidence on each side, the court is satisfied of the existence and loss of such record, an order for leave to substitute shall be made, conforming as nearly as possible in all respects to the lost, abstracted or destroyed record; and if it be for the payment of money, the balance due thereon and date of lien, if any, shall be made to appear thereon. Such substituted record shall be good and valid in law to all intents and purposes.
HISTORY: 1962 Code Section 26-801; 1952 Code Section 26-801; 1942 Code Section 729; 1932 Code Section 729; Civ. P. '22 Section 745; Civ. C. '12 Section 4008; Civ. C. '02 Section 2903; G. S. 2230; R. S. 2367; 1882 (17) 1081.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 21 - Perpetuation Of Evidence › Section 19-21-20. Perpetuation of testimony as to lost, destroyed, or defective instruments.

Any person interested in the preservation of the contents of any deed, release, private writing usually put on record or document alleged to have been lost, destroyed or defective in the record thereof and desiring to preserve the evidence thereof for any purpose may, by summons and complaint as provided by Title 15, institute an action in the court of common pleas to perpetuate testimony as to the existence and true contents of the same. In such complaint the defects, if any, complained of in the record shall be substantially set forth and to such action all persons interested or known or supposed to claim an interest in the property to which such testimony may relate shall be made parties defendant and served with summons as provided by law in civil actions.
HISTORY: 1962 Code Section 26-802; 1952 Code Section 26-802; 1942 Code Section 730; 1932 Code Section 730; Civ. P. '22 Section 746; Civ. C. '12 Section 4009; Civ. C. '02 Section 2904; G. S. 2230, 2232; R. S. 2368; 1882 (17) 1081.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 21 - Perpetuation Of Evidence › Section 19-21-30. Issuance of orders in action to perpetuate testimony.

The court or judge at chambers having jurisdiction of the subject matter may hear, determine and grant all orders as will best subserve the purposes of the complaint and the preservation of the testimony sought without delay.
HISTORY: 1962 Code Section 26-803; 1952 Code Section 26-803; 1942 Code Section 731; 1932 Code Section 731; Civ. P. '22 Section 747; Civ. C. '12 Section 4010; Civ. C. '02 Section 2905; G. S. 2230, 2233; R. S. 2369; 1882 (17) 1082.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 21 - Perpetuation Of Evidence › Section 19-21-40. Recordation and force and effect of perpetuated testimony.

The evidence so taken shall be preserved, and the parties may have the same recorded in the office to which the same may relate. And such evidence so taken, preserved and recorded shall be received in all courts, subject to the same rules as to competency and credibility as any other evidence.
HISTORY: 1962 Code Section 26-804; 1952 Code Section 26-804; 1942 Code Section 732; 1932 Code Section 732; Civ. P. '22 Section 748; Civ. C. '12 Section 4011; Civ. C. '02 Section 2906; G. S. 2230, 2234, 2235; R. S. 2370; 1882 (17) 1082.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 21 - Perpetuation Of Evidence › Section 19-21-50. Proof of lost papers other than by perpetuation of testimony.

Nothing herein contained shall prevent anyone from establishing on the trial of any cause any lost papers, according to the rules of evidence.
HISTORY: 1962 Code Section 26-805; 1952 Code Section 26-805; 1942 Code Section 733; 1932 Code Sections 733, 734; Civ. P. '22 Sections 749, 750; Civ. C. '12 Sections 4012, 4013; Civ. C. '02 Sections 2907, 2908; G. S. 2230, 2235; R. S. 2236, 2371; 1882 (17) 1082; 1995 Act No. 104, Section 5, eff September 3, 1995.
2023 South Carolina Code of Laws › Title 19 - Evidence › Chapter 21 - Perpetuation Of Evidence › Section 19-21-60. Costs.

The costs of such proceedings as shall be had under the provisions of this chapter shall be in the discretion of the presiding judge.
HISTORY: 1962 Code Section 26-806; 1952 Code Section 26-806; 1942 Code Section 733; 1932 Code Sections 733, 734; Civ. P. '22 Sections 749, 750; Civ. C. '12 Sections 4012, 4013; Civ. C. '02 Sections 2907, 2908; G. S. 2230, 2235; R. S. 2236, 2371; 1882 (17) 1082.