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South Carolina
JUDICIAL DEPARTMENT
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RULE 229

RULE 245
ORIGINAL JURISDICTION OF THE SUPREME COURT

(a) When Appropriate.  The Supreme Court will not entertain matters in its original jurisdiction when the matter can be determined in a lower court in the first instance, without material prejudice to the rights of the parties.  If the public interest is involved, or if special grounds of emergency or other good reasons exist why the original jurisdiction of the Supreme Court should be exercised, the facts showing the reasons must be stated in the petition with supporting affidavits.

(b) Extraordinary Writs.  A party seeking the issuance of an extraordinary writ in the original jurisdiction of the Supreme Court shall serve and file a petition.  The petition and any return shall comply with the requirements of Rule 240.

(c) Actions.  A party seeking to have the Supreme Court entertain an action in its original jurisdiction (petitioner) shall serve on all other parties (respondents) a petition for original jurisdiction, a complaint setting forth the claim for relief in the manner specified by Rule 8, SCRCP, and a notice advising each respondent he has twenty (20) days from the date of service to serve and file a return to the petition.  Service shall be in the same manner as required for summons and complaints in Rule 4, SCRCP.  The petitioner shall file an original and six (6) copies of the petition, notice and complaint with the Clerk of the Supreme Court, along with proof of service on each respondent.  Any party opposing the petition shall have twenty (20) days from the date of service to file an original and six (6) copies of his return with the Clerk of the Supreme Court and serve on all parties a copy of the return.  Failure of a party to timely file a return may be deemed a consent by that party to the matter being heard in the original jurisdiction.  Unless otherwise ordered by the Supreme Court, the petition shall be decided without oral argument.  If the petition is granted, the respondent shall have thirty (30) days to serve and file an answer to the complaint.  The Supreme Court may provide for discovery, fact finding and/or a briefing schedule as necessary.

Amended by Order dated January 29, 2009, effective April 29, 2009, by Order of the same date.