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South Carolina
JUDICIAL DEPARTMENT
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2007-05-03-04

The Supreme Court of South Carolina

RE:  Amendments to the South Carolina Rules of Civil Procedure


ORDER


By order dated January 31, 2007 (copy attached), this Court adopted amendments to the South Carolina Rules of Civil Procedure and these amendments were submitted to the General Assembly pursuant to Art. V, § 4A, of the South Carolina Constitution.  Since ninety days have passed since submission without rejection by the General Assembly, these amendments are effective immediately.  

 IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
May 3, 2007

The Supreme Court of South Carolina

RE:  Amendments to the South Carolina Rules of Civil Procedure


ORDER


Pursuant to Article V, §4 of the South Carolina Constitution, the attached amendments are made to the South Carolina Rules of Civil Procedure.  These rule amendments shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.

IT IS SO ORDERED.

s/Jean H. Toal                                      C.J.

s/James E. Moore                                   J.

s/John H. Waller, Jr.                                 J.

s/E. C. Burnett, III                                      J.

s/Costa M. Pleicones                              J.

Columbia, South Carolina
January 31, 2007

AMENDMENTS TO THE SOUTH CAROLINA RULES
OF CIVIL PROCEDURE

1. The last sentence of Rule 40(b), SCRCP, is amended to read:  “Notwithstanding the foregoing, no action may be called for trial until 180 days after service of the last pleading which adds a new party to the action, unless all parties consent in writing.”

2. The following note is added to Rule 40(b), SCRCP:

Note to 2007 Amendment:

The last sentence of Rule 40(b) establishes a minimum period of time following the joinder of a new party during which the action may not be called for trial without the consent of all parties.  The 2007 amendment extends this period from 120 days to 180 days, and measures this period from the date the newly joined party is served with process, rather than the filing date of the pleading adding the new party.  As before, the 180 day exclusion may be waived with the consent of all parties.

3. The last sentence of Rule 71.1(g), SCRCP, is amended to replace the phrase “Office of Appellate Defense” with the phrase “Division of Appellate Defense of the Office of Indigent Defense.”

4. The following note is added to Rule 71.1, SCRCP:

          Note to 2007 Amendment:

In 2005, the Office of Appellate Defense became a division of the Office of Indigent Defense.  This amendment reflects this organizational change.