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South Carolina
JUDICIAL DEPARTMENT
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2008-11-21-01

The Supreme Court of South Carolina

In re: Amendments to the South Carolina Appellate Court Rules


O R D E R


The Chief Justice’s Commission on the Profession has proposed amending Rule 403, South Carolina Appellate Court Rules, to allow a law student to obtain one Rule 403 trial experience by participating in a judicial observation and experience program approved by the Commission on the Profession.  The law student must have completed at least one year of law school prior to participating in the judicial experience and observation program.  Additionally, the student must participate in the program for a minimum of two weeks. 

Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby amend Rule 403, South Carolina Appellate Court Rules, as set forth below.  The amendment is effective immediately.

RULE 403
TRIAL EXPERIENCES

.     .     .

(b) Trial Experiences Defined.  A trial experience is defined as the:

(1) actual participation in an entire contested testimonial-type trial or hearing if the attorney is accompanied by an attorney whose trial experiences have been approved under this rule or who is exempt from this rule, and the other attorney is present throughout the hearing or trial;

(2) observation of an entire contested testimonial-type trial or hearing; or

(3) participation in a judicial observation and experience program approved by the Chief Justice’s Commission on the Profession, provided the student participates in the program for a minimum of two weeks.

.     .     .

(d) When Trial Experiences May be Completed.

(1) Rule 403(b)(1) and (2) trial experiences may be completed any time after the completion of one-half ( ½ ) of the credit hours needed for law school graduation.

(2) Rule 403(b)(3) trial experiences, involving participation in a judicial observation and experience program approved by the Chief Justice’s Commission on the Profession, may be completed after a law student has completed one year of law school.  The supervising judge may sign the certificate giving credit for the trial experience upon completion of the program.

.     .     .     .

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 21, 2008