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South Carolina
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RULE 2

RULE 2
APPLICABILITY AND REPEALER

(a) Domestic Relations Actions. In addition to the rules set forth in Sections I, II and III of these Rules of Family Court, the South Carolina Rules of Civil Procedure (SCRCP) shall be applicable in domestic relations actions to the extent permitted by Rule 81, SCRCP. The following SCRCP, however, shall be inapplicable: 5(a) to the extent it does not require notice to a defendant of every hearing, 8(d) to the extent it provides that the failure to file a responsive pleading constitutes an admission, 12(b) to the extent it permits a 12(b)(6) motion to be converted to a summary judgment motion, 12(c), 13(j), 18, 23, 38, 39, 40(a & b), 42 to the extent it refers to trial by jury, 43(b)(1) to the extent it limits the use of leading questions to cross-examination, 43(i & j), 47, 48, 49, 50, 51, 54(c) to the extent it permits the court to grant relief not requested in the pleadings, 55, 56, 68, 69, 71, 72, 78, 79, and 84.

(b) Juvenile Actions. In addition to the rules set forth in Sections I, II, and IV of these Rules of Family Court, Rules 5, 6, 24, and 29, South Carolina Rules of Criminal Procedure, shall be applicable in juvenile actions.

(c) Other Actions. Procedure in other actions shall be as provided by statute.

(d) Repealer. All Rules of Practice for the Family Courts of this State heretofore adopted are repealed as of the effective date of the South Carolina Rules of Family Court.

(e) Administrative Orders. No administrative orders shall be issued which conflict with these rules.