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2005-04-27-01 The Supreme Court of South Carolina

The Supreme Court of South Carolina

RE: Amendments to the South Carolina Rules of Civil Procedure


ORDER


By order dated January 26, 2005 (attached), certain amendments to the South Carolina Rules of Civil Procedure were submitted to the General Assembly pursuant to Art. V, § 4A, of the South Carolina Constitution. Since ninety days have passed since submission without rejection by the General Assembly, these amendments are effective immediately.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
April 27, 2005


The Supreme Court of South Carolina


ORDER


Pursuant to Art. V, §4 of the South Carolina Constitution, the South Carolina Rules of Civil Procedure are amended as provided in the attachment to this order. These amendments shall be submitted to the General Assembly as provided by Art. V, § 4A of the South Carolina Constitution.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
January 26, 2005


AMENDMENTS TO THE SOUTH CAROLINA
RULES OF CIVIL PROCEDURE

(1) Rule 5(a) is amended to read as follows:

(a) Service: When Required. Unless otherwise ordered by the court because of numerous defendants or other reasons, all (1) written orders; (2) pleadings subsequent to the original summons and complaint, which includes answers, counterclaims, cross claims, replies and amended complaints; (3) written motions, other than ones which may be heard ex parte; (4) written notices; (5) discovery requests and responses; (6) appearances; (7) demands; (8) offers of judgment; (9) designations of record or case; (10) grounds or exceptions on appeal; and (11) other similar papers shall be served upon each of the parties of record. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for serving of summons in Rule 4, and notice of any trial or hearing on unliquidated damages shall also be given to parties in default.

(2) The following is added to the end of Rule 5(a):

Note to 2005 Amendment:

This amendment to subsection (a) makes explicit that all major documents and papers, including, but not limited to, pleadings and amended pleadings, discovery requests and responses, motions and similar papers are to be served on every party of record. The amendment also adds the word “grounds” in subsection (a)(10).

(3) The first paragraph of Rule 30(a)(2) is amended to read as follows:

(2) Limitations. A witness may be compelled to attend in the county in which he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A party may be compelled to attend in the county in which the subject civil action is pending, or in the county in which he resides or is employed or transacts business, or at such other convenient place as is fixed by an order of the court.

(4) The following is added to the end of Rule 30(a)(2):

Note to 2005 Amendment:

Rule 30(a)(2) previously established the counties in which a witness, but not a party, could be deposed. The rule is amended to add that a party may be deposed in the county where the action is pending, as well as where the deponent resides, or is employed or transacts business in person, or where set by order of the court.