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South Carolina
JUDICIAL DEPARTMENT
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2009-04-29-02

The Supreme Court of South Carolina

RE:  Amendment to the South Carolina Appellate Court Rules


ORDER


By order dated January 28, 2009 (copy attached), this Court adopted an amendment to Rule 232 of the South Carolina Appellate Court Rules and this amendment was submitted to the General Assembly pursuant to Article V, § 4A, of the South Carolina Constitution.  Since ninety days have passed since submission without rejection by the General Assembly, this amendment is effective immediately.  

 IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
April 29, 2009


The Supreme Court of South Carolina

RE: Amendment to the South Carolina Appellate Court Rules


ORDER


Pursuant to Article V, §4 of the South Carolina Constitution, Rule 232 of the South Carolina Appellate Court Rules (SCACR) is amended to read as shown in the attachment to this order.  This amendment 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/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
January 28, 2009


RULE 232
AGREEMENTS AND SETTLEMENTS

(a) Agreements Generally.  Any agreement submitted to the appellate court for its consideration shall be in writing and signed by the parties or their attorneys.  Further, any agreement submitted to the appellate court shall be public unless a motion to seal is filed and the appellate court determines that the matters should be sealed under the standard provided by Rule 41.1, SCRCP.

(b) Settlement Agreements.  If a settlement agreement relates to a matter that is pending before an appellate court, the settlement agreement need not be submitted to the appellate court unless approval by the appellate court, a lower court or tribunal is required before the agreement can be effective, or the parties desire to have the agreement approved by the appellate court.

(c) Agreements Regarding Rules.  Any agreement to modify a requirement of these Appellate Court Rules must be approved by the appellate court.

(d) Vacation of Prior Opinions, Orders or Judgments.  In the agreement, the parties may request vacation of opinions, orders, decisions and judgments previously issued in the matter.  The agreement must set forth the facts that warrant this extraordinary relief.  If the matter is pending before the Supreme Court and the agreement requests the vacation of an order or opinion of the Court of Appeals, the Supreme Court, in its discretion, may seek a recommendation from the Court of Appeals regarding the request for vacation.  If an agreement containing a request for vacation is rejected, the parties may resubmit the agreement without the request for vacation.