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RICE v. DOE

Appellate Case No. 2021-000894 Opinion No. 28190.

442 S.C. 160 (2024)

898 S.E.2d 127

Peter RICE, Respondent, v. John DOE, Petitioner.

Supreme Court of South Carolina.

Filed January 24, 2024.

Attorney(s) appearing for the Case

Sarah Rand-McDaniel and Seth Thomas McDaniel, both of Walker Allen Grice Ammons & Foy, LLP, of Mount Pleasant, for Petitioner.

Sherod Hampton Eadon III, of Eadon Law, LLC, of Columbia, for Respondent.

This case presents the question whether compliance with the witness affidavit requirement in subsection 38-77-170(2) of the South Carolina Code (2015) is a condition precedent to the filing of a "John Doe" civil action. We hold it is not. Rather, the witness affidavit may be produced after the commencement of the lawsuit. As we will...

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