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2008-07-01-01

The Supreme Court of South Carolina

RE:   Rules Advisory Committee


ORDER


In 1985, this Court promulgated the South Carolina Rules of Civil Procedure (SCRCP), and the South Carolina Rules of Criminal Procedure.  In developing these rules, this Court was assisted by the Ad Hoc Civil Rules Committee.  Since that time the Ad Hoc Civil Rules Committee has continued to assist this Court in its consideration of amendments to the SCRCP, and the advice and recommendations of the Committee has been invaluable.  

This Court has decided that having an advisory committee available to study and make recommendations regarding all rules that relate to the trial courts of this State and not just the rules of civil procedure would be appropriate.  Therefore, the Ad Hoc Civil Rules Committee is hereby disbanded and, pursuant to Article V, §4A, of the South Carolina Constitution, the South Carolina Appellate Court Rules (SCACR) is amended to add Rule 609.  This rule, which is attached to this order, creates a Rules Advisory Committee.  This amendment to the SCACR shall be effective immediately.

IT IS SO ORDERED.                                                   

s/Jean H. Toal                                      C.J.

s/James E. Moore                                   J.

s/John H. Waller, Jr.                                 J.

s/Costa M. Pleicones                              J.
 
s/Donald W. Beatty                                  J.

Columbia, South Carolina
July 1, 2008

RULE 609
RULES ADVISORY COMMITTEE

(a)     Members.  The Rules Advisory Committee (Committee) shall consist of the following members who shall be appointed by the Supreme Court for four (4) year terms:

(1)  a circuit court judge who shall serve as the chair of the Committee;

(2)  a circuit court judge or a master-in-equity;

(3)  a family court judge;

(4)  a probate judge;

(5)  a magistrate or municipal court judge;

(6)  four active members of the South Carolina Bar; and,

(7)  a non-voting reporter.

For the initial appointments, half of the members shall be appointed for two (2) year terms and half of the members shall be appointed for four (4) year terms.  In case of a vacancy on the Committee, the Supreme Court shall appoint a member to serve the remainder of the unexpired term.  A quorum shall consist of five members not counting the reporter.

(b)     Duties.  The Committee shall make recommendations regarding the adoption or amendment of rules governing the administration of or the practice and procedure before the trial courts of this State.  This shall include, but is not limited to, the South Carolina Rules of Civil Procedure, the South Carolina Rules of Criminal Procedure, the South Carolina Rules of Family Court, the South Carolina Rules of Probate Court, the South Carolina Rules of Magistrates Court and the South Carolina Rules of Evidence.  Further, the Supreme Court may refer proposed rules or issues to the Committee for its consideration.  The recommendations of the Committee shall be in writing and shall contain the language of any proposed rule or amendment along with an explanation and analysis of the recommendations made by the Committee.  For any proposed rule or amendment which must be submitted to the South Carolina General Assembly under Article V, §4A, of the South Carolina Constitution, the recommendations of the Committee must be submitted to the Supreme Court by October 1st.

(c)     Subcommittees.  The Committee may divide itself into subcommittees to consider and make recommendations to the Committee.  Additionally, the Supreme Court may appoint a Special Subcommittee when it determines that additional personnel are necessary to study and make recommendations regarding a particular rule or set of rules.  If appointed, a Special Subcommittee shall make their recommendations to the Committee.

(d)     Power of Supreme Court.  Nothing in this Rule shall prevent the Supreme Court from promulgating a rule or rule amendment without submitting the matter to the Committee.  Further, the Supreme Court may refer a proposed rule or amendment to other groups for their recommendations.