Case Details


Testimony Of Attorney General

Filing State



South Carolina Court of Common Pleas




Bauknight v. Pope, No. 2010-CP-40-4900 (Ct. Comm. Pleas, Richland Cty. Sept. 21, 2016)


Attorney general not required to be deposed.

Case Description

Parties in a private action sought to take the deposition of the attoney general.  The court held that deposing the attorney general would pose an undue burden because he was not attorney general when the suit was brought, the prior attorney general had been deposed, questioning the attorney general would likely take at least a day and would interfere with his duties. The court applied the Morgan rule under which depositions shoudl not be taken of high ranking government officils unless the party shows that the information sought is essential, not obtainable elsewhere, and that taking the deposition would not interfer with his government responsibilities.  In this case. Collects cases.