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South Carolina
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Court Register - Table of Contents
I. Applicability and General Provisions
101 Scope and Title
102 Effective Date and Repealer
II. Rules of Appellate Practice
A. Appeals
201 Right to Appeal
202 Designation of Parties and Definitions
203 Notice of Appeal
204 Transfer of Cases
205 Effect of Appeal
206 Cases Involving Multiple Notices of Appeal
207 Transcript of Proceeding
208 Initial Briefs
209 Designation of Matter to be Included in the Record on Appeal
210 Record on Appeal
211 Final Briefs
212 Supplemental Record
213 Amicus Curiae Brief
214 Consolidation
215 Submission Without Oral Argument
216 Notice of Oral Argument
217 Motion to Argue Against Precedent
218 Oral Argument
219 Hearing or Rehearing of Cases by the Court of Appeals En Banc
220 Opinions
221 Rehearing and Remittitur
222 Costs On Appeal
223 Arbitration of Appeals
B. Petitions and Motions
240 Motions and Petitions Generally
241 Stay and Supersedeas in Civil Actions
242 Certiorari to the Court of Appeals
243 Certiorari to Review Post-Conviction Relief Actions
244 Certification of Questions of Law
245 Original Jurisdiction of the Supreme Court
246 Stay in Criminal Cases
247 Certiorari to Review DNA Testing Decisions
C. General Provisions
260 Dismissal and Reinstatement
261 Agreements and Settlements
262 Filing and Service
263 Time
264 Substitution of Attorneys and Guardians
265 Substitution of Parties
266 Subsequent Applications for Relief
267 Form of Papers
268 Citation of South Carolina Authority
269 Frivolous Appeals, Petitions, Motions or Returns
270 Forms
Appendices to Part II
Appendix A Table of Comparative Rules
Appendix B Appeals Chart
Appendix C Forms
IV. Rules Governing the Practice of Law
401 Student Practice
402

Admission to Practice Law

403 Trial Experiences
Certificate (Acrobat version)
404 Admission Pro Hac Vice
PDF Application Form
Word 2000 Application
405 Limited Certificate of Admission to Practice Law in South Carolina
Application for a Limited Certificate to Practice Law (Word Version)
406 Disposition of Fees
407 Rules of Professional Conduct
  Preamble A Lawyer's Responsibilities
  Scope  
  Client-Lawyer Relationship
  RULE 1.0 Terminology
  RULE 1.1 Competence
  RULE 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer
  RULE 1.3 Diligence
  RULE 1.4 Communication
  RULE 1.5 Fees
  RULE 1.6 Confidentiality of Information
  RULE 1.7 Conflict of Interest: Current Clients
  RULE 1.8 Conflict of Interest: Current Clients: Specific Rules
  RULE 1.9 Duties to Former Clients
  RULE 1.10 Imputation of Conflicts of Interest: General Rule
  RULE 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
  RULE 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
  RULE 1.13 Organization as Client
  RULE 1.14 Client With Diminished Capacity
  RULE 1.15 Safekeeping Property
  RULE 1.16 Declining or Terminating Representation
  RULE 1.17 Sale of Law Practice
  RULE 1.18 Duties to Prospective Client
  RULE 1.19 Succession Planning
  Counselor
  RULE 2.1 Advisor
  RULE 2.2 Reserved
  RULE 2.3 Evaluation for Use by Third Persons
  RULE 2.4 Lawyer Serving as Third Party Neutral
  Advocate
  RULE 3.1 Meritorious Claims and Contentions
  RULE 3.2 Expediting Litigation
  RULE 3.3 Candor Toward the Tribunal
  RULE 3.4 Fairness to Opposing Party and Counsel
  RULE 3.5 Impartiality and Decorum of the Tribunal
  RULE 3.6 Trial Publicity
  RULE 3.7 Lawyer as Witness
  RULE 3.8 Special Responsibilities of a Prosecutor
  RULE 3.9 Advocate in Nonadjudicative Proceedings
  Transactions With Persons Other Than Clients
  RULE 4.1 Truthfulness in Statements to Others
  RULE 4.2 Communication with Person Represented by Counsel
  RULE 4.3 Dealing with Unrepresented Person
  RULE 4.4 Respect for Rights of Third Persons
  RULE 4.5 Threatening Criminal Prosecution
  Law Firms and Associations
  RULE 5.1 Responsibilities of Partners. Managers, and Supervisory Lawyers
  RULE 5.2 Responsibilities of a Subordinate Lawyer
  RULE 5.3 Responsibilities Regarding Non Lawyer Assistants
  RULE 5.4 Professional Independence of a Lawyer
  RULE 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
  RULE 5.6 Restrictions on Right to Practice
  RULE 5.7 Responsibilities Regarding Law Related Services
  Public Service
  RULE 6.1 Voluntary Pro Bono Publico Service
  RULE 6.2 Accepting Appointments
  RULE 6.3 Membership in Legal Services Organization
  RULE 6.4 Law Reform Activities Affecting Client Interests
  RULE 6.5 Nonprofit and Court Annexed Limited Legal Services Programs
  Lawyer Advertising
  RULE 7.1 Communication Concerning a Lawyer''s Service
  RULE 7.2 Advertising
  RULE 7.3 Direct Contact with Prospective Clients
  RULE 7.4 Communication of Fields of Practice and Specialization
  RULE 7.5 Firm Names and Letterheads
  RULE 8.1 Bar Admission and Disciplinary Matters
  RULE 8.2 Judicial and Legal Officials
  RULE 8.3 Reporting Professional Misconduct
  RULE 8.4 Misconduct
  RULE 8.5 Disciplinary Authority; Choice of Law
408 Continuing Legal Education and Specialization
409 Resignation
410 South Carolina Bar
411 Lawyers' Fund for Client Protection
412 Interest on Lawyer Trust Accounts (IOLTA)
413 Rules for Lawyer Disciplinary Enforcement
  RULE 1 Purpose
  RULE 2 Terminology
  RULE 3 The Commission on Lawyer Conduct
  RULE 4 Organization and Authority of the Commission
  RULE 5 Disciplinary Counsel
  RULE 6 Commission Counsel
  RULE 7 Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement
  RULE 8 Proof
  RULE 9 Civil Rules Applicable
  RULE 10 Right to Counsel
  RULE 11 Ex Parte Contacts
  RULE 12 Access to Disciplinary Information
  RULE 13 Immunity from Civil Suits
  RULE 14 Time, Service and Filing
  RULE 15 Oaths; Subpoena Power
  RULE 16 Lawyers Charged With or Convicted of a Crime
  RULE 17 Interim Suspension
  RULE 18 Notification to Complainant; No Right to Review
  RULE 19 Screening and Investigation
  RULE 20 Motion by Disciplinary Counsel to Re-Open Dismissed Compaints
  RULE 21 Discipline by Consent
  RULE 22 Formal Charges
  RULE 23 Answer
  RULE 24 Failure to Answer; Failure to Appear
  RULE 25 Discovery
  RULE 26 Hearing
  RULE 27 Review by Supreme Court
  RULE 28 Cases Involving Allegations of Mental or Physical Incapacity
  RULE 29 Reciprocal Discipline and Reciprocal Incapacity Inactive Status
  RULE 30 Duties Following Disbarment or Suspension
  RULE 31 Order of Receivership
  RULE 32 Reinstatement Following a Definite Suspension of Less Than Nine Months
  RULE 33 Reinstatement Following a Definite Suspension for Nine Months or More or Disbarment
  RULE 34 Employment of Disbarred or Suspended Lawyers
414 Limited Certificate to Practice Law for Clinical Law Program Teachers
415 Limited Certificate of Admission for the Retired Attorney Pro Bono Participation Program
  Pro Bono Application
416 Resolution of Fee Disputes Board
  RULE 1 Creation
  RULE 2 Jurisdiction
  RULE 3 Appointment and Tenure
  RULE 4 Duties
  RULE 5 Appointment of the Executive Council
  RULE 6 Circuit Panel
  RULE 7 Hearing Panel
  RULE 8 Assigned Member
  RULE 9 Rule Exclusive Upon Consent
  RULE 10 Commencement of Proceedings
  RULE 11 Investigation by Assigned Member
  RULE 12 Schedule of Proceedings
  RULE 13 Proceedings of the Board
  RULE 14 Appointment of Hearing Panel
  RULE 15 Panel Hearings
  RULE 16 Voluntary Termination
  RULE 17 Hearing Panel
  RULE 18 Conflicts of Interest
  RULE 19 Compliance
  RULE 20 Appeals
  RULE 21 Proceedings Confidential
  RULE 22 Amendments to Rules
417 Financial Recordkeeping
  RULE 1 Recordkeeping Generally
  RULE 2 Client Trust Account Safeguards
  RULE 3 Availability of Records
  RULE 4 Dissolution of Law Firm or Sale of Law Practice
  RULE 5 Authorized Electronic Transfers
  RULE 6 No Bearer Items
418 Advertising and Solicitation by Unlicensed Lawyers
419 Administrative Suspensions
420 Chief Justice's Commission on the Profession
421 Certification of Attorneys in Death Penalty Cases
Application For Certification as Lead Counsel for Death Penalty Defense (Word version)
Application For Certification as Lead Counsel for Death Penalty Defense (Acrobat version)
422 Commission on Alternative Dispute Resolution
423 Certificates of Good Standing
424 Licensing of Foreign Legal Consultants
Application for Certification as a Foreign Legal Consultant
425 Mandatory Lawyer Mentoring Program
Appendices to Part IV
Appendix A Rules of the Board of Law Examiners
Appendix B Rules and Regulations of the Committee on Character and Fitness
Appendix C Regulations for Mandatory Continuing Legal Education
Appendix D Regulations for Legal Specialization
Appendix E Regulations for Specialty Fields
Appendix F Regulations for the Chief Justice's Commission on the Profession
Appendix G Regulations for the Commission on ADR
V. Rules Governing the Judiciary, Employees of the Judicial Department, and Others Assisting the Judiciary
501 Code of Judicial Conduct
  Preamble  
  Terminology  
  Canon 1 A Judge Shall Uphold the Integrity and Independence of the Judiciary
  Canon 2 A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities
  Canon 3 A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
  Canon 4 A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to Minimize the Risk of Conflict With Judicial Obligations
  Canon 5 A Judge or Judicial Candidate Shall Refrain From Inappropriate Political Activity
  Application Application of the Code of Judicial Conduct
502 Rules for Judicial Disciplinary Enforcement
  RULE 1 Purpose
  RULE 2 Terminology
  RULE 3 The Commission on Judicial Conduct
  RULE 4 Organization and Authority of the Commission
  RULE 5 Disciplinary Counsel
  RULE 6 Commission Counsel
  RULE 7 Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement
  RULE 8 Proof
RULE 9 Civil Rules Applicable
RULE 10 Right to Counsel
RULE 11 Ex Parte Contacts
RULE 12 Access to Disciplinary Information
RULE 13 Immunity from Civil Suits
RULE 14 Time, Service and Filing
RULE 15 Oaths; Subpoena Power
RULE 16 Judges Charged With or Convicted of a Crime
RULE 17 Interim Suspension
RULE 18 Notification to Complainant; Limited Right to Review
RULE 19 Screening and Investigation
RULE 20 Motion by Disciplinary Counsel to Re-Open Dismissed Complaints
RULE 21 Discipline by Consent
RULE 22 Formal Charges
RULE 23 Answer
RULE 24 Failure to Answer; Failure to Appear
RULE 25 Discovery
RULE 26 Hearing
RULE 27 Review by Supreme Court
RULE 28 Cases Involving Allegations of Mental or Physical Incapacity
502.1 Judges’s Oath
503 Advisory Committee on Standards of Judicial Conduct
504 Continuing Legal Education of the Judiciary
505 Judges' Disability and Retirement
506 Code of Conduct for Staff Attorneys and Law Clerks
Canon 1 A Staff Attorney or Law Clerk Should Uphold the Integrity and Independence of the Judiciary and of His Office
Canon 2 A Staff Attorney or Law Clerk Should Avoid Impropriety and the Appearance of Impropriety in All His Activities
Canon 3 A Staff Attorney or Law Clerk Should Perform the Duties of His Office Impartially and Diligently
Canon 4 A Staff Attorney or Law Clerk May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
Canon 5 A Staff Attorney or Law Clerk Should Regulate His Extra-Official Activities to Minimize the Risk of Conflict with His Official Duties
Canon 6 A Staff Attorney or Law Clerk Should Regularly File Reports of Compensation Received for Quasi-Official and Extra-Official Activities
Canon 7 A Staff Attorney or Law Clerk Should Refrain From Certain Political Activity
Canon 8 A Staff Attorney or Law Clerk Should Not Reveal the Confidences Gained in the Course of His Employment
507 Political Activity of Judicial Department Employees and Officers
508 Court Reporters
509 Certification of Magistrates
510 Continuing Legal Education For Magistrates and Municipal Judges
511 Rules of Professional Conduct for Court Interpreters
PREAMBLE PREAMBLE
RULE 1 Accuracy and Completeness of Interpretation
RULE 2 Representation of Qualifications
RULE 3 Impartiality and Avoidance of Conflict of Interest
RULE 4 Professional Demeanor
RULE 5 Confidentiality
RULE 6 Restriction of Public Comment
RULE 7 Scope of Practice
RULE 8 Assessing and Reporting Impediments to Performance
RULE 9 Duty to Report Ethical Violations
RULE 10 Professional Development
VI. Rules Governing the Administration of the Courts
601 Conflicts in Hearing Dates
602 Defense of Indigents
603 Paper Size
604 Attorneys or Court Officers as Surety
605 Media Coverage of Court Proceedings
606 Retention and Disposition of Exhibits in the Circuit and Family Courts
607 Court Reporter Transcripts and Tapes
608 Appointment of Lawyers for Indigents
609 Rules Advisory Committee
APPENDIX TO PART VI
APPENDIX A Defense of Indigents Forms
APPENDIX B Media Coverage of Court Proceedings

I. Scope of Rules - One Form of Action
1 SCOPE OF RULES
2 ONE FORM OF ACTION
II. Commencement of Action: Service of Process, Pleadings, Motions and Orders
3 COMMENCEMENT OF ACTION
4 PROCESS
5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
6 TIME
III. Pleadings and Motions
7 PLEADINGS ALLOWED: FORM OF MOTIONS
8 GENERAL RULES OF PLEADING
9 PLEADING SPECIAL MATTERS
10 FORM OF PLEADINGS
11 SIGNING OF PLEADINGS; ATTORNEYS
12 DEFENSES AND OBJECTIONS-WHEN AND HOW PRESENTED-BY PLEADING OR MOTION-MOTION FOR JUDGMENT ON PLEADINGS
13 COUNTERCLAIM AND CROSS-CLAIM
14 THIRD PARTY PRACTICE
15 AMENDED AND SUPPLEMENTAL PLEADINGS
16 PRE-TRIAL PROCEDURE: FORMULATING ISSUES
IV. Parties
17 PARTIES PLAINTIFF AND DEFENDANT: CAPACITY
18 JOINDER OF CLAIMS AND REMEDIES
19 JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
20 PERMISSIVE JOINDER OF PARTIES
21 MISJOINDER AND NON-JOINDER OF PARTIES
22 INTERPLEADER
23 CLASS ACTIONS
24 INTERVENTION
25 SUBSTITUTION OF PARTIES
V. Depositions and Discovery
26 GENERAL PROVISIONS GOVERNING DISCOVERY
27 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
28 PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN; DEPOSITIONS IN OUT-OF-STATE ACTIONS
29 STIPULATIONS REGARDING DISCOVERY PROCEDURE
30 DEPOSITIONS UPON ORAL EXAMINATION
31 DEPOSITIONS UPON WRITTEN QUESTIONS
32 USE OF DEPOSITIONS IN COURT PROCEEDINGS
33 INTERROGATORIES TO PARTIES
34 PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
35 PHYSICAL AND MENTAL EXAMINATIONS
36 REQUEST FOR ADMISSION
37 FAILURE TO MAKE OR COOPERATE IN DISCOVERY: SANCTIONS
VI. Trials
38 JURY TRIAL OF RIGHT
39 TRIAL BY JURY OR BY THE COURT
40 GENERAL DOCKET, TRIAL ROSTERS, AND CALL OF CASES FOR TRIAL
41 DISMISSAL OF ACTIONS; NON-SUIT
41.1 SEALING DOCUMENTS AND SETTLEMENT AGREEMENTS
41.2 PRIVACY PROTECTION FOR FILINGS
42 CONSOLIDATION; SEPARATE TRIALS
43 CONDUCT OF TRIAL
44 PROOF OF OFFICIAL RECORD; FOREIGN LAW
45 SUBPOENA
46 EXCEPTIONS UNNECESSARY
47 JURORS
48 JURIES OF LESS THAN TWELVE; MAJORITY VERDICT
49 SPECIAL VERDICTS AND INTERROGATORIE
50 MOTION FOR A DIRECTED VERDICT AND FOR JUDGEMENT NOTWITHSTANDING THE VERDICT
51 INSTRUCTIONS TO JURY: OBJECTION
52 FINDINGS BY THE COURT
53 MASTERS AND SPECIAL REFEREES
VII. Judgment
54 JUDGMENTS: COSTS
55 DEFAULT
56 SUMMARY JUDGMENT
57 DECLARATORY JUDGMENTS
58 ENTRY OF JUDGMENT
59 NEW TRIALS; AMENDMENT OF JUDGMENTS
60 RELIEF FROM JUDGMENT OR ORDER
61 HARMLESS ERROR
62 STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
63 DISABILITY OF A JUDGE
VIII. Provisional and Final Remedies and Special Proceedings
64 REMEDIES FOR SEIZURE, REMEDIES NOT PROVIDED
65 INJUNCTIONS; MANDAMUS, HABEAS CORPUS, AND OTHER REMEDIAL WRITS
66 RECEIVERS
67 DEPOSIT IN COURT
68 OFFER OF JUDGMENT
69 EXECUTION
70 JUDGMENT FOR SPECIFIC ACTS: VESTING TITLE
71 FORECLOSURE AND PARTITION
71.1 POST-CONVICTION RELIEF ACTIONS
IX. Appeals and Arbitration
72 JUDGMENTS AND ORDERS SUBJECT TO APPEAL
73 PROCEDURE ON APPEAL TO SUPREME COURT OR COURT OF APPEALS
74 PROCEDURE ON APPEAL TO THE CIRCUIT COURT
75 RECORD ON APPEAL TO THE CIRCUIT COURT: TRANSMITTAL
76 ARBITRATION: AUTOMOBILE REPARATION
X. Courts and Clerks
77 COURTS AND CLERKS
78 CLERKS OF COURT: RECORDS, ABSTRACTS, BOOKS
79 CALENDAR OF CIVIL ACTIONS; FILE BOOK
80 STENOGRAPHIC REPORT OF TRANSCRIPT AS EVIDENCE
XI. General Provisions
81 APPLICABILITY
82 JURISDICTION AND VENUE
84 FORMS
85 TITLE; CRIMINAL PROCEDURE; RULES REPEALED
86 EFFECTIVE DATE
APPENDIX OF FORMS
 

 

Article I. General Provisions
101 Scope
102 Purpose and Construction
103 Rulings on Evidence
104 Preliminary Questions
105 Limited Admissibility
106 Remainder of or Related Writings or Statements
Article II. Judicial Notice
201 Judicial Notice of Adjudicative Facts
Article III. Presumptions in Civil Actions and Proceedings
301 Presumptions in General in Civil Actions and Proceedings
Article IV. Relevancy and Its Limits
401 Definition of Relevant Evidence
402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
404 Character Evidence Not Admissible to Prove Conduct; Exception; Other Crimes
405 Methods of Proving Character
406 Habit; Routine Practice
407 Subsequent Remedial Measures
408 Compromise and Offers to Compromise
409 Payment of Medical and Similar Expenses
410 Inadmissibility of Pleas, Plea Discussions, and Related Statements
411 Liability Insurance
412 Admissibility of Evidence Concerning Victim''s Sexual Conduct in Criminal Sexual Conduct Cases
Article V. Privileges
501 General Rule
Article VI. Witnesses
601 Competency
602 Lack of Personal Knowledge
603 Oath or Affirmation
604 Interpreters
605 Competency of Judge as Witness
606 Competency of Juror as Witness
607 Who May Impeach
608 Evidence of Character, Conduct and Bias of Witness
609 Impeachment by Evidence of Conviction of Crime
610 Religious Beliefs or Opinions
611 Mode and Order of Interrogation and Presentation
612 Writing Used to Refresh Memory
613 Prior Statements of Witnesses
614 Calling and Interrogation of Witnesses by Court
615 Exclusion of Witnesses
Article VII. Opinions and Expert Testimony
701 Opinion Testimony by Lay Witnesses
702 Testimony by Experts
703 Bases of Opinion Testimony by Experts
704 Opinion on Ultimate Issue
705 Disclosure of Facts or Data Underlying Expert Opinion
Article VIII. Hearsay
801 Definitions
802 Hearsay Rule
803 Hearsay Exceptions; Availability of Declarant Immaterial
804 Hearsay Exceptions; Declarant Unavailable
805 Hearsay Within Hearsay
806 Attacking and Supporting Credibility of Declarant
Article IX. Authentication and Identification
901 Requirement of Authentication or Identification
902 Self-Authentication
903 Subscribing Witness'' Testimony Unnecessary
Article X. Contents of Writings, Recordings, and Photographs
1001 Definitions
1002 Requirement of Original
1003 Admissibility of Duplicates
1004 Admissibility of Other Evidence of Contents
1005 Public Records
1006 Summaries
1007 Testimony or Written Admission of Party
1008 Functions of Court and Jury
Article XI. Miscellaneous Rules
1101 Applicability of Rules
1102 Amendments
1103 Title and Effective Date
 

 


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