RE: Rule 25 of the South Carolina Rules of Civil Procedure
Since the adoption of the South Carolina Rules of Civil Procedure, Rule 25(c), SCRCP, has included a reference to Rule 25(b)(1). This reference is a scrivener’s error since Rule 25 does not contain a subsection (b)(1). Further, it is clear from the rule, the notes to the rule and the equivalent federal rule at the time that the reference was intended to be to Rule 25(a)(1).
Accordingly, Rule 25(c), SCRCP, is amended to replace the phrase “Rule 25(b)(1)” with the phrase “Rule 25(a)(1).” This change shall be effective immediately.
IT IS SO ORDERED.
s/Jean H. Toal C.J.
s/John H. Waller, Jr. J.
s/Donald W. Beatty J.
s/John W. Kittredge J.
Pleicones, J., not participating.
Columbia, South Carolina
November 20, 2008