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Supreme Court Seal
South Carolina
Judicial Department
Clerk of Court Manual

CHAPTER 6

Case Processing Procedures in the Court of Common Pleas (Civil Matters)

6.0 Introduction and Brief Overview

Cases heard in the Court of Common Pleas involve civil disputes between two or more parties. The party initiating the action is the plaintiff, the party against whom the action is brought is the defendant. Both parties in civil suits are usually private citizens, businesses, or organizations; although state or local government may appear as either plaintiff or defendant.

Although civil cases may involve different areas of the law (tort, contract, etc.), for the purposes of processing cases through the court, the major factor influencing the way in which the clerk tracks a particular case is whether the case is a jury or non-jury matter. A request for arbitration in automobile damage liability claims also will result in different processing procedures.

Civil cases commence when the plaintiff files initiating document(s), usually a summons and complaint with the Clerk of Court and pays a filing fee. In specific or limited circumstances, the filing fee may not be required such as for statutory exemptions and when an order granting a "Motion for Leave to Proceed in Forma Pauperis" accompanies the summons and complaint (Rule 3, SCRCP). Based on the initiating documents, the clerk creates a case jacket, and enters the case information on the computer. As subsequent papers are filed, (an answer, a counterclaim, motions, etc.) they are recorded in the computer and filed in the case jacket. If necessary, motions will be scheduled on the Motion Calendar. Unless a case is withdrawn by the parties, or dismissed by the court, it will be placed on the trial roster, unless a continuance has been granted by a judge. Upon completion of the trial, the clerk will enter the judgment and close the case.

Please note that the Circuit Court is the state's court of general jurisdiction. There is not a maximum or minimum monetary limit on the amount in controversy.  (See Section 6.3.5 for additional information.)

6.1 Description of Civil Case Types

6.1.1 Jury/Non-jury

When a case is filed, the plaintiff will designate whether the case will be a jury or non-jury matter. Recording this information is important because it will determine on which trial roster the case will be placed. Rule 40, SCRCP, governs the "General Docket, Trial Rosters, and Call of Cases for Trial."  It is imperative that a clerk working with Common Pleas matters be very familiar with this rule.

6.1.2 Automobile Arbitration

S. C. Code §§ 38-77-710 et seq. of the South Carolina Code of Laws authorizes the use of attorney panels to arbitrate automobile damage liability claims. Cases entering arbitration are recorded on a separate Arbitration Panel Docket, and processed as Common Pleas cases. (See 6.7.2 below). Appeals from Arbitration Panel decisions are processed as Common Pleas cases.

6.1.3 Appeals to the Circuit Court

Matters appealed to the Circuit Court from Magistrate Court (civil and criminal), Municipal Court, Probate Court, and administrative or regulatory agencies (such as the S.C. Worker's Compensation Commission) are all treated as new cases in the Common Pleas Court. This includes criminal appeals from magistrate and municipal courts. Petitions for judicial review of orders or decisions of the Chief Insurance Commissioner must be heard in Richland County but may be filed in any county. Filing fees are required, except for criminal appeals from summary court and actions pursuant to State Employment Security law. All appeals to the Circuit Court are non-jury cases. Appeals generally take precedence over regular civil cases on the non-jury roster. Reference: Rule 74, SCRCP

Please note: From time to time, summary court appeals decided by the Circuit Court may be appealed to the Court of Appeals or the Supreme Court.  When the case is remitted back to the Circuit Court by the Court of Appeals or the Supreme Court, the Circuit Court Clerk of Court is responsible for sending the remittitur back to the Summary Court which originally heard the case. 

6.1.4 Inmate Litigation

A. Post Conviction Relief (PCR)
Actions to have criminal sentences vacated, set aside, or corrected are filed in the Court of Common Pleas as new civil cases under the Uniform Post-Conviction Procedure Act (S. C. Code § 17-27-10; Rule 71.1, SCRCP). The filing fee for all PCR cases is waived pursuant to S. C. Code §17-27-20(a)(6). PCR cases are summary in nature, and are usually heard during specifically designated CPNJ(PCR) terms or during certain days of a regular CPNJ term as designated by Court Administration. The roster for PCR hearings is typically set by the Office of the Attorney General. Procedures for Post-Conviction Relief are provided in Section 6.2.3 of this manual.

B. Habeas Corpus
"Habeas Corpus" is a Latin phrase that is translated as "you have the body." The filing of a habeas corpus petition is a civil action, typically filed by an incarcerated individual, the purpose of which is to attain a remedial writ in alleged instances of illegal incarceration (S. C. Code § 17-17-10). Similar to a PCR, petitions for habeas corpus usually name a state entity or official as the defendant; therefore, the Attorney General should be provided with a copy of the petition. If a hearing is scheduled in a habeas corpus action, it is typically included in a PCR/Non-jury term.

C. Other Inmate Litigation
Inmates may file civil actions for reasons as various as for any other civil filings, such as for damages. S.C. Code § 24-27-100 provides a means by which the court arranges for payment of fees and court costs from an inmate's trust account through the Department of Corrections. As provided by law, the inmate must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.

6.1.5 Sexually Violent Predator (SVP)

The Sexually Violent Predator Act, S. C. Code §§ 44-48-10 et seq. provides for the involuntary civil commitment of a person convicted of a sexually violent crime and that is found by the court to be a continuing danger to society. SVP cases begin with a finding by two assessment committees and a petition filed by the Attorney General pursuant to the provisions of the Sexually Violent Predator Act. Pursuant to S. C. Code § 14-1-217, the State, or a person or entity acting on behalf of the State, is not required to pay filing fees in proceedings brought pursuant to Chapter 48 of Title 44, the Sexually Violent Predator Act. The hearings schedule for this process involves time sensitive scheduling that may or may not be handled directly by the Attorney General. These time limits can be found in the above referenced code section Act and are briefly outlined below:

Tasks:

1. Verify that the petition includes:

Case Caption

Proper county designation

Signature of filing party

Address of the respondent

2. There is no filing fee for such cases.

3. File and stamp the petition and any copies.

4. Assign a common pleas (CP) number.

5. Send two (2) clocked, certified copies to the Attorney General's office, which they will provide.

Probable Cause Order. The court will issue an order establishing probable cause or an order of dismissal.

Tasks:

6. Immediately upon receipt of probable cause order or order of dismissal from Attorney General's office, file and stamp the court's order and send two (2) clocked, certified copies to the Attorney General.

7. If the court finds probable cause exists, the probable cause order should provide for the appointment of an attorney to represent the respondent.

(A) Appoint the next available attorney from your civil list.

(B) Mail copy of the order appointing counsel to the appointed attorney, respondent (if address available), and Attorney General's office.

Probable Cause Hearing- The Attorney General's office will schedule this hearing.

Tasks:

8. after the probable cause hearing, send the evaluation order to respondent's attorney.

Trial- At the trial, the jury will make a determination as to whether the respondent is a sexually violent predator. The Attorney General will schedule the date of the trial.

Tasks:

9. File stamp the commitment order or discharge order.

10. Enter the disposition information into CMS.

11. Distribute copy of order to the respondent's attorney.

Post Disposition Actions- An annual report is filed with the court that committed the respondent. The court must conduct an annual hearing to review the status of the committed person. If the court determines that probable cause exists to believe that the respondent is safe to be at large, a trial must be scheduled on the issue. The Attorney General will schedule the annual hearing and any trial, if necessary.

Tasks:

File stamp the annual report and file it in the case file.

Special Procedures

Petition for Release- If the Department of Mental Health determines that the respondent's disorder has changed such that the person is safe to be released, the person shall be authorized to petition the court for release. Upon receipt of the petition, the respondent's attorney will schedule a hearing. Either party may request the hearing before a jury. If the respondent files a petition without approval of the Department of Mental Health, the petition should be filed.

Evidence-Pursuant to §44-48-150, SC Code, any psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which are submitted to the court or admitted into evidence, must be kept as part of the record, but sealed to be opened only upon order of the court. The court will designate those documents, which should be sealed. Pursuant to §44-48-140, SC Code, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction as defined in §44-48-30(5), SC Code, and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.

Filing System- Due to the unusual nature of these cases, it is recommended that these cases be filed sequentially by case number, but separate from other Common Pleas cases.

Because SVP cases must remain active for yearly review, SVP cases can remain pending until the subject's release from supervision. Due to the length of time involved in the SVP process, such cases can distort pending caseload aging reports.

6.1.6 Bond Issues

The following statute relates to the clerk's responsibility with regard to the filing of public bond issues. Documentation relating to bond issues should be kept in a file specifically for that purpose.

S. C. Code § 11-15-10. Record of public bond issues shall be kept and filed.
In case any county, township, school district, city, town or other municipality is authorized to issue bonds in pursuance of law, the persons and officers charged therewith shall make a full record of the proceedings connected with such bond issue, and a copy of the record of such proceedings shall be filed and indexed in the office of the Clerk of Court of the county in a special book to be furnished therefore.

A filing fee is not required when the copy of the record of proceedings is filed as set forth above; however, a petition filed to contest the bond issue requires the standard filing fee provided for in S. C. Code § 8-21-310(11)(a) and § 14-1-204(B)(1). As the custodian of the original record of proceedings related to public bond issues, the chief officer of the public body sponsoring the bond issue is appropriately responsible for exemplification of the copy of the record to be filed.

6.1.7 Remedial or Injunctive Relief

In seeking a writ for remedial or injunctive relief, a litigant may initiate an action by way of petition. However, in most such instances a summons, complaint, and bond is also required. Please see Rule 65, SCRCP. The statutory filing fee provided for in S.C. Code Ann. § 8-21-310(11)(a) is applicable unless a statutory exemption exists.

6.2 Case Initiation - Initiating Documents

Pursuant to Rule 3(a), SCRCP: "A civil action is commenced by filing and service of a summons and complaint." A Common Pleas case can also be initiated by a petition, application, or appeal to the Circuit Court.

6.2.1 Summons and Complaint

A summons is a legal document that provides notification that an individual is required to respond to the attached complaint. The complaint is a legal document that provides notification to the individual that an action is being brought against the individual in a particular court and the basis for the civil action -- both documents must be signed by the attorney or party filing the complaint.

Tasks:

  • Verify that document includes:

    Case caption
    Proper county designation
    Designation as jury or non-jury matter
    Original signature
    of filing party
    Civil Action Coversheet
    Filing fee, if required (See 6.3.1)

    NOTE: Original documents are kept for the court's file.

  • File Stamp the summons and complaint and copies (if provided).
  • Assign a Common Pleas (CP) case number. (See 6.3.1)
  • Collect filing fee, unless an order granting a "motion for leave to proceed in forma pauperis" is submitted. (See 6.3.1 for handling of such motions.)
  • Return copies of the filed document with the case number notation to the attorney or party who submitted the documents. If certified copies are requested, pursuant to S. C. Code § 14-17-570, the clerk charges the established rate "per copy sheet" and the certification fee does not apply. This same statute allows that plain copies are provided free of charge to parties and attorneys involved in the specific suit while it is pending. Please see Chapter 1, General Office Procedures, for more detailed information on copies and certification.
  • Enter case information in CMS and create case jacket for the case (see 6.3.3).

6.2.2 Notice of Appeal to the Circuit Court

A form Notice of Appeal is filed with the Circuit Court by a party appealing a decision from magistrate or probate court. These types of appeals will be filed as a Common Pleas case and are of a non-jury type. The supporting documents, however, will be received from the court or administrative agency from which the appeal is taken and the case will automatically be placed on the non-jury motion calendar.

References: Rules 74 and 75, SCRCP

Tasks:

  • Collect the $150.00 filing fee if the appeal is from a civil matter in summary court, probate court, or pursuant to the Administrative Procedures Act (6.3.1). Bond may be required in certain instances to stay the judgment of the lower court or administrative agency (S. C. Code § 18-7-10). There is no filing fee required for criminal appeals.

  • Assign Common Pleas case number (6.3.2).

  • Enter case information in CMS, create case jacket for the case and insert the lower court or agency's record, if available (6.3.3).

  • Schedule on the non-jury motions calendar (6.4.2). Understand that, pursuant to Rule 75, SCRCP, 30 days are allowed for the lower court or agency to file the record of the proceedings. If it appears that the appeal will be heard prior to the clerk's receipt of the record on appeal, then adjustments to the calendar may be necessary.

  • Within 30 days of the date of the filing of the Notice of Appeal with the Clerk of Court, the magistrate judge is required to file a Return to the Notice of Appeal with the Clerk, together with the record, a statement of all proceedings in the case, and, if necessary, the testimony taken at trial. (Note: Upon motion for a good cause shown, the Circuit Court may allow a definite extension of time in which to file the Return.) (Rule 18, SC Rules ofA copy should be Magistrates Court)

  • Upon receipt of lower court's file, insert into case jacket, and send notice to all parties that the record has been received (Rule 75, SCRCP) and the Return has been filed (Rule 18, SC Rules of Magistrates Court).

  • Upon issuance of the Circuit Court's decision, the opinion, order, judgment, or decree of the Circuit Court will be filed with the clerk of court. The clerk will send notice of the Circuit Court's determination to the lower court after 10 days have elapsed (the day of filing being excluded) since the filing of the opinion, order, judgment or decree of the court finally disposing of the appeal.
  • If a petition for rehearing is received before the notice is sent, the notice shall not be sent pending disposition of the petition by the court.  The notice shall contain a copy of the judgment of the Circuit Court, shall indicate the clerk's seal and be signed by the clerk of court.

NOTE: An appeal pursuant to S. C. Code § 27-37-120, appeal of an eviction action from magistrate's court, may be dismissed by the trial magistrate if the appellant fails to post bond within 5 days of the service of the notice of appeal as required by § 27-37-130. The magistrate makes a determination of the amount of the bond. Good communication between the clerk and the magistrate is needed in the administration of such appeals.

NOTE: Appeals from zoning board of appeals are heard in Circuit Court. S. C. Code §§ 6-29-820, 6-29-825, and 6-29-830 govern these types of appeals. Pursuant to S. C. Code § 6-29-830, upon receipt of the petition appealing a zoning board appeal, the clerk of court must give immediate notice of the appeal to the secretary of the board. The board will then file with the clerk of court a certified copy of the proceedings held before the board of appeals, including a transcript of evidence heard before the board, if any, and the board’s decision including its findings of fact and conclusions.

6.2.3 Application for Post-Conviction Relief

Post-Conviction Relief actions are initiated when the applicant completes and files the Court-Approved PCR Application in Common Pleas Court. The form is required to initiate all PCR actions and is accessible under the Forms section of the SCJD website. Specially designated PCR terms will be scheduled, and the Attorney General's Office is typically responsible for creating the docket for the PCR term.

Tasks:

  • Verify that the proper form has been used and that a Civil Action Coversheet is completed and attached. A filing fee is not required pursuant to S. C. Code § 17-27-20(a)(6).

  • Confirm that the verification and waiver sections at the end of the form have been completed and signed.

  • Process as Common Pleas case. (See 6.3)

  • Within five days of filing, forward a copy of the application to the Attorney General's Office and the Circuit Solicitor.

NOTE: Post-Conviction Relief case processing can be a frustrating and time-consuming task. Prior to the filing of a PCR application, it is common for a prospective applicant to make a request for documents from the General Sessions file. To formulate an appropriate mechanism to respond to such requests, and to protect yourself, you will need to become familiar with the Freedom of Information Act, S. C. Code §§ 30-4-10 et seq. Additionally, the Attorney General's Office will request a copy of the General Sessions file upon receipt of the application - some clerks find it more efficient to forward a copy of the GS file with the PCR application. Finally, the Attorney General's Office will request appointment of counsel for the applicant if the matter requires a hearing. Rule 602, SCACR and Rule 608, SCACR, establish procedures for appointments of counsel.

6.2.4 Petition for Writ of Habeas Corpus

This is a petition for a remedial writ that is processed in the same manner as any other case in Common Pleas. A copy should be forwarded to the Attorney General's Office.

Tasks:

  • Verify that document contains:

    Case caption
    Proper county designation
    Signature of filing party

  • If "Motion for Leave to Proceed In Forma Pauperis" and affidavit are attached pursuant to Rule 3(b), SCRCP, assign a case number and forward to Judge for determination of indigency. (See Section 6.3.1 E for more information on filing Motions for Leave to Proceed in Forma Pauperis.) For statutory provisions relating to filing fees in inmate litigation, see 6.3.1.
  • If motion is granted:
    • File stamp the document

    • Assign case number and process as a Common Pleas case (6.3.2)
    • Forward a copy to the Attorney General
    • Schedule on the non-jury motion calendar (However, in many circumstances the Attorney General will request that hearings on habeas corpus petitions be scheduled within PCR terms. Such a request is functionally a continuance and is subject to the decision of the Chief Judge for Administrative Purposes)
  • If the in forma pauperis motion is denied:

Return document along with a copy of the order denying motion to filing party, along with instruction that the filing fee must be submitted in order to file the petition or arrangements for payment pursuant to S. C. Code § 24-27-100 must be made.

6.2.5 Lis Pendens

A lis pendens is an instrument that may be filed with the Clerk of Court with a summons and complaint or before the filing of a summons and complaint. The effect of the lis pendens is to put the community on notice that certain property is or may be subject to litigation.

Tasks:

  • Verify that document bears the name of the parties, the object of the action, the description of the property, Tax Map/reference number (if applicable), and the appropriate signature.
  • Verify original document is being filed.
  • Collect the $10.00 filing fee, § 8-21-310(11)(b), for a lis pendens filed before a summons and complaint. If the lis pendens is filed with the summons and complaint, there is no extra charge for filing the accompanying lis pendens.
  • File stamp document.
  • Immediately record document in CMS.
  • Assign an LP case number. Please note that all lis pendens should receive a separate LP number.

NOTE: The $150.00 civil action filing fee can be paid with the filing of a lis pendens. In such cases, the summons and complaint can be filed within 20 days without further filing fee charges.

NOTE: Generally, there is no fee charged for filing an amended lis pendens. However, the statutory fee [§ 8-21-310(11)(b)] applies for re-filing a lis pendens if the original has expired pursuant to § 15-11-10 or § 15-11-50.

6.2.6 Cancellation of Lis Pendens

A lis pendens may be cancelled by court order at any time after the case has been settled, discontinued or abated. A lis pendens may also be cancelled without a court order by the person who filed the notice at any time after the case has been settled, discontinued, abated or dismissed. This action requires the submission of a written notice of cancellation to the Clerk of Court in each county in which the lis pendens was recorded.

Tasks: - Cancellation by court order.

  • File stamp court order.
  • Collect filing fee ($1.00).
  • Record cancellation in CMS.

Tasks: - Cancellation by written request of submitting party.

  • Verify that person requesting cancellation is the person who initially filed the lis pendens.
  • Verify that the case has been ended by settlement, dismissal, abatement or discontinuation.
  • File stamp document.
  • Collect filing fee ($1.00).
  • Record cancellation in CMS.

Reference:§15-11-40, §14-17-595

6.2.7 Minor Settlements

Pursuant to S.C. Code Ann. §62-5-43, a minor settlement is a case initiated that provides for the settlement of claims in favor of or against minors or incapacitated persons. A minor settlement is initiated by the filing of a petition in the court in the county in which the minor or incapacitated person resides. Bankruptcy Procedures A petition may often be accompanied by an actual order approving the minor settlement, as well as petitions requesting appointment for a guardian ad litem. In such instances, the case will be initiated and settled at once.

Tasks:

  • Verify that document includes:

    Case caption
    Proper county designation
    Original signature of filing party
    Filing fee (See 6.3.1)

NOTE: Original documents are kept for the court's file.

  • File Stamp the petition and copies (if provided).
  • Assign a Common Pleas (CP) case number. (See 6.3.1)
  • Collect filing fee
  • Return copies of the filed document with the case number notation to the attorney or party who submitted the documents. If certified copies are requested, pursuant to § 14-17-570, the clerk charges the established rate "per copy sheet" and the certification fee does not apply. This same statute allows that plain copies are provided free of charge to parties and attorneys involved in the specific suit while it is pending. Please see Chapter 1, General Office Procedures, for more detailed information on copies and certification.

6.2.8 Bankruptcy Documents

An individual(s) filing bankruptcy must do so in the United States District Court.  The District Court will usually refer the matter to the United States Bankruptcy Court.  While bankruptcy cases (Chapters 7, 9, 11, 12, and 13) are not filed in state Circuit Court, the clerk of court may receive documents for filing that are bankruptcy-related.  The appropriate filing procedures and filing fees are addressed in the document located in the appendix of this chapter, entitled "Bankruptcy Procedures."

6.2.9 FederalCourt Transfers

A case may be transferred from the U.S. District Court to the Circuit Court to be disposed. A U.S. District Court judge will sign an order to transfer or remand the case to the trial court level. When the Federal Court remands a case to the Circuit Court, the county clerk of court will receive, as an attachment to an e-mail, a copy of the remand order and the Notice of Electronic Filing (NEF). Attorneys of record are responsible for supplementing the state record with all documents filed in Federal Court.

Beginning September 1, 2005 attorneys who remove cases from the Circuit Court to the Federal Court must e-file the case records as an attachment to the Petition for Removal. As a result of Electronic Case Filing (ECF), there is no longer a need for the county clerks of court to send a copy of the records to the Federal Courts.

Tasks:

Print and file stamp transfer order received from the Federal Court.

Assign CP Case number.

Collect $150 filing fee unless case was previously filed in the Circuit Court. The fee may be assessed at the time the attorney of record provides the hard copy of the file from the Federal Court.

6.2.10 Medical Malpractice

Prior to filing a civil action alleging medical malpractice in which the cause of action occurred after July 1, 2005, the plaintiff must file a Notice of Intent to File Suit and an Affidavit from an expert witness in the county where venue is proper. The case will proceed to mediation. If the matter cannot be resolved through mediation, the plaintiff may initiate a civil action by filing a summons and complaint. Medical Malpractice cases are governed by S. C. Code § 15-79-110 and the Alternative Dispute Resolution Rules.

Tasks:

  • Verify that the Notice of Intent and Affidavit includes:

    Case caption
    Proper county designation
    Original signature of filing party

    NOTE: Original documents are kept for the court's file.

  • File the Notice of Intent to File Suit, affidavit and copies (if provided).
  • Assign a Notice of Intent to File Suit (NI) case number. (See 6.3.1)
  • Collect $10 filing fee.
  • In the event the parties do not agree upon a mediator, appoint primary and secondary mediator from the current roster of neutrals on a rotating basis, pursuant to ADR Rule 4. The current roster of neutrals is made available by the SC Bar. Note: the Notice of Intent to File Suit (SCADR 101) shall have a field for the clerk of court to fill in the names of the appointed mediators.
  • Enter case information in CMS and create case jacket for the case (see 6.3.3).
  • Within ten days of conclusion of the mediation, the mediator will file with the Clerk of Court a Proof of ADR (Form SCADR104) and indicate the results of the mediation on the form.
  • After the Proof of ADR is filed, mail a copy of the Proof of ADR to all attorneys and unrepresented parties by regular mail, pursuant to Rule 7 of the ADR Rules.
  • Disposition of the Notice of Intent to File Suit action: Upon receipt of the Proof of ADR, you should dispose the Notice of Intent to File Suit action.
  • Enter case information in CMS. The Proof of ADR will indicate whether the case was settled through mediation or at an impasse (i.e. not settled through mediation). If the case is settled through the mediation conference, assign disposition ‘3’. If not, assign disposition ‘9’.
  • Should the parties file a summons and complaint, this action should be considered a new Common Pleas action and should receive a new case number. The Summons and Complaint should not receive the same case number as the previous Notice of Intent action.

Reference: S. C. Code § 15-79-125, and Alternative Dispute Resolution Rules

6.2.11 Filing and Enrolling Foreign Judgments - S. C. Code § 15-35-900

A copy of a foreign judgment authenticated in accordance with an Act of Congress or the statutes of this State may be filed with the Clerk of Court of any county in which the judgment debtor resides or owns real or personal property. Along with the foreign judgment, an affidavit of the judgment creditor or his/her attorney must be filed with the clerk stating that the judgment is final, that it is unsatisfied in whole or in part indicating the amount remaining unpaid on the judgment, and whether the judgment is further contested.

  • Upon receipt of a foreign judgment with affidavit and appropriate filing fee:

    • Date stamp original and one copy of foreign judgment and affidavit.

    • Assign Common Pleas case number following procedures outlined previously in this manual.

    • Provide stamped copy (with assigned case number) to attorney or filing party.

    • Create case file following procedures outlined previously in this manual. No docket sheet is necessary until/unless a motion to enforce is filed.

    • File proof of service of notice of filing when received.

    • Review the Affidavit of Filing.

      Pursuant to Section 15-35-930, the Affidavit of Filing must set forth the name and address of the judgment creditor, his attorney if any, and the clerk's office in which the foreign judgment is filed in this State and must state that the judgment attached to the notice has been filed in that office, that the judgment debtor has thirty days from the date of receipt of the notice to seek relief from the enforcement of the judgment, and that if the judgment is not satisfied and no relief is sought within that thirty days, the judgment will be enforced in this State in the same manner as a judgment of this State.

    • Confirm the following is included in the Affidavit of Filing:

      1. The foreign judgment is final.

      2. The foreign judgment is unsatisfied in whole or in part setting forth the amount remaining unpaid

      3. The affidavit should indicate whether the Foreign Judgment is contested further.

    • If the affidavit states that the Foreign Judgment is uncontested, the clerk should index the foreign judgment immediately. Please note that pursuant to Section 15-35-920(B), the enforcement of an uncontested foreign judgment is stayed until 30 days after the notice of filing of the final judgment was served pursuant to Section 15-35-930.

    • If the affidavit states the Foreign Judgment is contested, the clerk should not index the judgment and should leave the case pending until the expiration of 30 days from the date upon which the Notice of Filing was served upon the judgment debtor in accordance with Section 15-35-930.

    • If a motion contesting the entry is filed by the judgment debtor, file the papers accordingly. If the judgment creditor then moves for enforcement of the judgment, place motions on the Motion Calendar. Complete docket sheet as outlined previously in this manual or send information electronically.

    • If no motion is filed within thirty (30) days of the date of service, enroll the judgment in the judgment index.

6.2.12    Court-Annexed Alternative Dispute Resolution

Note: Information regarding Automobile Arbitration is listed in Section 6.7.2.

You will find information regarding Medical Malpractice listed in Section 6.2.10.

Pursuant to Order of the Supreme Court dated November 12, 2015, the Alternative Dispute Resolution program is mandated in all counties in the state, effective January 1, 2016. The Court-Annexed Alternative Dispute Resolution Rules apply for all ADR-mandated cases.  The Rules also apply for all cases in which ADR has been ordered in courts pursuant to Order of the Chief Justice dated May 5, 2008.

Court appointed mediators in mandated cases shall be named by the court only from the roster of Certified Neutrals provided by the Supreme Court Commission on ADR. The roster is maintained by the SC Bar and you may generate a list of certified neutrals for any county in the state by accessing the SC Bar's website's Alternative Dispute Resolution page.

Court appointed mediators are not allowed to charge a fee for mediation services greater than the maximum allowed under the ADR Rule. The parties may select the mediator of their choice in accordance with the ADR Rules. In the event that the parties select their own mediator, the mediator may charge such fee as shall be agreed upon between the mediator and the parties.

There are two types of Alternative Dispute Resolutions: Mediation and Arbitration.

ADR Rule 2 defines Mediation as an informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial.

A mediator is a neutral person who acts to encourage and facilitate the resolution of a dispute. The mediator does not decide the issues in controversy or impose settlement.

ADR Rule 2 defines Arbitration as an informal process in which a third-party arbitrator issues an award deciding the issues in controversy. The award may be binding or non-binding as specified in these rules.

An arbitrator is a neutral person who acts to decide the issues in controversy of a dispute.

A. Mediation

In ADR cases, the parties may choose a neutral at any time. In any event, the ADR Conference shall be held on or before the deadlines provided in the ADR Rules; however, if a Proof of ADR has not been filed by the 210th day after the filing of the action, the clerk should appoint a primary mediator and a secondary mediator from the current Roster of Certified Neutrals on a rotating basis.

Mediation Tasks:

1. Appoint a primary and secondary mediator using the Roster of Certified Neutrals on a rotating basis and among those mediators who have agreed to mediate cases in your county.

2. Complete the Notice of ADR Form (SCADR 102) and send a copy of the form to all parties and the appointed mediators.

Note: If in the event of a conflict with both the primary and secondary mediators, and if the parties have not agreed to the selection of an alternate mediator, the plaintiff or his attorney shall immediately file with the clerk a notice advising the court of this fact and requesting the appointment of two or more mediators. Should this happen, the clerk will follow the same procedures above to appoint additional mediators.

Several things can happen after a mediation hearing. Below are the possible outcomes of a mediation along with the tasks clerks should perform for each outcome.

Receipt of Proof of ADR (ADR RULE 5)

Tasks:

1. Upon receipt of a Proof of ADR, file stamp the Proof of ADR.

  • If the case is to be heard in Circuit Court, the case shall not be on the Circuit Court trial roster until a Proof of ADR is filed with the clerk, pursuant to ADR Rule 5.

  • Any request for a final hearing in a contested case subject to ADR under the ADR Rules shall include a copy of the Proof of ADR, pursuant to ADR Rule 7(f).

2. Review the Proof of ADR to determine whether a final hearing on the matter has been requested. If it has been requested, add the case to the trial docket.

Receipt of a Consent Judgment, Voluntary Dismissal, or Mediation Agreement (ADR RULE 6(f))

ADR Rule 6(f) states: upon reaching an agreement, the parties shall, before the adjournment of the mediation, reduce the agreement to writing and sign along with their attorneys. If the parties envision a more formal agreement, the mediator shall assign one of the parties' attorneys to prepare the agreement. A consent judgment or voluntary dismissal shall be filed with the court by such persons as may be designated by the mediator.

Tasks:

1. Upon receipt of the Agreement, Consent Judgment, or Voluntary Dismissal, file stamp the document.

2. Enter case information in CMS. Dispose the case with a disposition code "3."

B. Arbitration

Receipt of Proof of ADR from Arbitrator

Tasks:

1. Upon receipt of a Proof of ADR, file stamp the Proof of ADR.

2. Review the Proof of ADR to determine whether a final hearing on the matter has been requested. If it has been requested, add the case to the trial docket.

Receipt of a Proposed Order Directing Entry of Judgment on an Arbitration Award (ADR Rule 12(e))

Tasks:

1. Upon receipt of a Proposed Order Directing Entry of Judgment on an Arbitration Award, file stamp the document.

2. Schedule a hearing for the Chief Administrative Judge to approve the award.

3. After the Order Directing Entry of Judgment on an Arbitration Award is issued, you will dispose the case and use disposition code "9."

6.3 Case Processing

6.3.1 Filing Fees

As a general rule, filing fees are required for all cases filed in the Court of Common Pleas. These fees are required or waived pursuant to the South Carolina Code of Laws. The amounts of filing fees are set by S. C. Code § 8-21-310 and § 14-1-204(B)(1). The two most common filing fees are the $150.00 fee that is paid at the initiation of a civil action and the $25.00 filing fee which is paid when a Notice of Motion and Motion (commonly referred to as a motion) is filed in a civil action.

A. Upon receipt of a Proof of ADR, file stamp the Proof of ADRCase Initiation Filing Fees

The fee to initiate most actions in the Court of Common Pleas is $150.00. S. C. Code § 8-21-310(11)(a) states that the filing fee is $100.00. S. C. Code §14-1-204(B)(1) requires that an additional filing fee of $50.00 be imposed on filings in Family and Circuit Court. This increase is in addition to the $100.00 fee required by S. C. Code § 8-21-310 (11)(a). Thus, the total cost for initiating most civil actions is $150.00.

Please note that there are some types of actions that do not require the $150.00 filing fee.

Listed below are the most common types of actions that are initiated in the Court of Common Pleas and the fee that should be charged pursuant to statute.

$150 Filing Fee Required

  • New (never previously filed) cases

  • Cases restored under Rule 40(j), SCRCP

  • Appeals to Circuit Court from: Probate Court; Administrative or Regulatory Agencies Arbitration Panels County Zoning Board; and Magistrate Court (civil only)

  • Cases transferred from Federal Court that have never been filed in the Circuit Court

  • Forfeiture cases arising out of drug seizures and DUI 4th convictions (if commenced with petition)

  • Minor settlements

$100 Filing Fee Required

  • Foreign Judgments [S. C. Code § 8-21-310(22)]

$10 Filing Fee Required

  • Automobile Arbitration Panel Cases [S. C. Code § 38-77-720(c)].

  • Lis Pendens—when not accompanied by a summons and complaint (S. C. Code § 8-21-310(11)(b))

  • Notice of Intent to File Suit for Medical Malpractice Cases

  • Confessions of Judgment (if case is not already filed) S. C. Code § 8-21-310(11)(d)

  • Certificate of Non-Compliance pursuant to a decision of the Resolution of Fee Disputes Board
    • Transcripts of Judgment from Magistrate Court and Federal District Courts

$25 Filing Fee Required

  • Forfeiture cases arising out of drug seizures and DUI 4th convictions (if commenced with consent order). See Motion Fee memo, Section A3.

$200 Filing Fee Required

  • Reinstatement of permanently revoked driver's license (S. C. Code § 56-1-385)

    NOTE: Fees generally are enumerated in S. C. Code § 8-21-310.

Inmate Litigation Filing Fees (other than PCR) are governed by the following:

  • S. C. Code § 24-27-100. Filing fees.
    Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six months' income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of filing fees and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the filing fees are paid in full.

    The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed unless the prisoner does not have a trust account.

$35 Filing Fee Required

  • Transcripts of Judgments from Federal & Magistrate’s Court

Filing Fee Not Required

  • Criminal Appeals from Magistrate or Municipal Court [S. C. Code §8-21-310(11)]

  • Post Conviction Relief Cases (S. C. Code § 17-27-20)

  • Proceedings brought pursuant to the State Employment Security Law (S. C. Code § 41-39-30)

  • Petitions by Minors for Judicial Consent for Abortion [S. C. Code § 44-41-34(B)]

  • Sexual Violent Predator Actions of the Attorney General

  • Cases restored after being ended in error

  • Cases granted a new trial before appeal to the Supreme Court or Court of Appeals

  • Cases remanded by way of appeal from Supreme Court, Court of Appeals, or Federal Court

  • Change of Venue Cases (from Circuit Court to Circuit Court)

  • Cases returned from Bankruptcy Court

  • Orders of the Worker's Compensation Commission

  • Confessions of Judgment (if case is filed -- if not, $10 fee)

  • Satisfaction of Judgment

  • Cases filed accompanied by an order granting a Motion for Leave to Proceed in Forma Pauperis [Rule 3(b)(1), SCRCP].

  • Note: No fee is charged to a defendant or respondent for filing an answer, return or other papers in any civil action or proceeding, in a court of record (S. C. Code § 8-21-310(12).

  • Cases filed when a party is represented by an attorney working on behalf of or under the auspices of a legal aid society, a legal services or other nonprofit organization, or the South Carolina Pro Bono Program (written certification from the attorney required) pursuant to Rule 3(b)(2), SCRCP.

  • A filing fee is not charged for filing a summons and complaint for a permanent restraining order, pursuant to Section 16-3-1910 (F), SC Code.

B. Motion Fees

Pursuant to § 8-21-320 of the South Carolina Code of Laws, there is a $25.00 fee assessed for every motion made in the Court of Common Pleas. The motion fee applies to all motions, including motions filed with the original complaint, unless otherwise determined to be exempt. Please access the below motion fee list to review the list of the most commonly filed motions which require the $25.00 motion fee and the most commonly filed motions which are exempt from the $25.00 motion fee.

September 29, 2016 Court Order and Motion Fee List

C. Motion and Order Information Form and Coversheet

The Motion and Order Information Form and Coversheet is to be submitted with every motion or proposed order filed with the clerk of court or presented to a judge at chambers and shall remain as an attachment to the motion or proposed order, or copy of the same, as proof of payment, or in the alternative, as instruction for payment. Please note that a motion coversheet is necessary on all motions and proposed orders, regardless of whether a motion fee is to be assessed or not assessed.

Court Administration November 14, 2003 Memorandum

Motion Fee Disputes: When there is a motion fee dispute between the attorney and the clerk, the judge is to make the final decision as to whether the fee should be assessed. The judge should only be involved when the resolution of the dispute over the assessment of a motion fee is necessary. The Motion and Order Information Form and Coversheet provides documentation for situations when there is a motion fee dispute between the attorney and the clerk.

D. Tasks for Case Initiation Fees and Motion Fees:

  • If fee is required, but not attached, return document or contact filing party and advise that the fee is required.
  • If fee is required and attached, assign Case Number for Summons and Complaint based on the Cover Sheet filed.
  • Issue receipt for filing fee and record amount paid.
  • If the filing party files a motion and disputes the $25 fee, check “contested” on the SCCA 233, Motion and Order Information Form and Cover Sheet and forward to the judge for evaluation.

E. Tasks for Case Initiation when a Motion for Leave to Proceed In Forma Pauperis and Affidavit Is Filed

  • Assign Case Number for Summons and Complaint based on the Cover Sheet filed
  • Forward Motion for Leave to Proceed In Forma Pauperis and Affidavit showing inability to pay costs pursuant to Rule 3(b), SCRCP to the Judge for determination of indigency.

A. If Motion is granted:

- Run the Court Process in CMS called ' Waiver of Complaint Filing Fee' which will remove the $150.

- Run the Court Process in CMS called ' Waiver of Motion Fee'.

- Process as usual.

B. If Motion is denied:

- Run the Court Process in CMS called ' Waiver of Complaint Filing Fee' which will remove the $150.

- Run the Court Process in CMS called ' Waiver of Motion Fee'.

-Return the Summons and Complaint and a copy of the order denying motion to filing party. Provide instruction that the original case has been dismissed and will need to be re-filed along with the appropriate filing fee.

-Dispose of Case using the disposition code in CMS of 65 - 'Ended by Non Jury' and the Judge Code should be the 2099.

6.3.2 Assign Case Number

Each Common Pleas case is assigned a unique case number, including a "CP" designation, that will identify it throughout its pendency in the court, and for subsequent modifications. See Chapter 1, General Office Procedures, for the general procedures used in assigning case numbers.

Example: 2000-CP-40-0000X

Year 

 

Court Designation

 

County Code

 

Sequential Number

2000

-

CP

-

40

-

0000X

Stand-alone confessions of judgment can receive a "JG" designation.

Tasks:

        Write or stamp case number on original complaint and any copies returned to the filing attorney or party.

6.3.3 Case Jackets

As each case is opened, a separate jacket should be prepared to hold all original papers associated with that case. The case number should be typed or written on the file tab, and the jackets filed in numerical order by sequential case number. The case name may also be written on the jacket.

As additional papers are filed, they should be added to the case jacket.

6.3.4 Procedures for Restoring Common Pleas Cases

The following scenarios may require case restoration:

CP Case Ended by:

Procedure:

Ended in Error
(Use Restore Date Field)

Original Case #
Original Filing Date

Granted New Trial Before Appealed
(Use Restore Date Field)

Original Case #
Original Filing Date

Remanded from Federal Court
(Use Restore Date Field)

Original Case #
Original Filing Date

In all of the above-referenced situations, the Restore Date Field should be used to reinstate the case to the active docket. If you are unable to use the Restore Date Field, you must call the Data Entry Supervisor at SCJD (803-734-1800) so that the case can be manually restored. If you are simultaneously restoring and disposing of a previously disposed case, please keep in mind that the Restore Date Field must reflect a date that is on or before the new Disposition Date, otherwise an error will occur. In all instances of using the Restore Date Field, you must use an "M" (for "modified") action code to successfully retransmit the modified record.

The examples of restored cases listed below are functionally new records, even though they are related to prior cases. These types of records should be transmitted using an "A" (for "added") action code.

CP Case Ended by:

Procedure:

Remanded from Higher SC Court
(New Record)
Original Filing Date

Original Case #
Suffix 'A'

Bankruptcy [not 40(j)]
(New Record)
Original Filing Date

Original Case #
Suffix 'B'

Rule 40(j)
(New Record)
New Filing Date

New Case #
Suffix 'R'

Ended due to Incomplete Service
(New Record)

New Case #
New Filing Date

Dismissed without Prejudice
(New Record)

New Case #
New Filing Date

Dismissed with Prejudice

May not be restored

Please note that CMS automatically adds the above-referenced suffixes during the restore process if one of the reasons is selected.  The suffix will be included with the case number for CMS to review.  The suffix will not be included in the case number available to the clerk in CMS. In other words, the suffix will not be included with the case number when the clerk is looking at the record in his or her CMS program.

When a case is restored after it has been in Bankruptcy status, the case will be restored using its original case number and to designate bankruptcy and will retain the original filing date.

When a case is restored after an appeal has been granted, the case will be restored using the original case number to designate appeal and will retain the original filing date.

When a case is restored following a dismissal pursuant to Rule 40(j), SCRCP, which allows for a case to be restored within a year, the case receives a new case number with a suffix of ‘R’. If the case is restored after a year, the case receives a new case number with no suffix. No suffix is required for those restored after a year because they are treated as a new case since the period to restore has expired.

When a case is restored after it has previously been dismissed due to a Home Modification Program loan, the case will be restored using its original case number and will retain its original filing date. The clerk will flag the case and indicate that the case was restored due to an HMP default.

6.3.5 Circuit Court Matters Under $7500

The Circuit Court is the state's court of general jurisdiction, and the Magistrate Court also has civil jurisdiction when the amount in controversy does not exceed $7500.00 (See the below chart).

Court

Jurisdiction (Monetary Amount)

Circuit Court-Common Pleas

No Minimum and No Maximum Dollar Amount.

Magistrate Court-Civil 

$0-$7500.00

The Circuit Court has jurisdiction over all civil matters regardless of the amount of money in controversy, and your office may receive a Common Pleas filing where the amount in controversy does not exceed $7500.00.  The clerk of court should not automatically transfer filings where the amount in controversy does not exceed $7500.00 to the magistrate court.  Section 2 of the Chief Judges for Administrative Purposes Order dated February 4, 2011, sets forth the authority of circuit judges designated as Chief Judges for Administrative Purposes, and the order requires that the Chief Judge for Administrative Purposes  (CJA) shall regularly review, with the assistance of the clerk of court, all common pleas cases to determine which, if any, should appropriately be transferred to the magistrate court for disposition. The CJA has the authority to transfer cases to magistrate courts. The clerk of court is not given the authority to transfer cases without first conferring with the CJA on each individual case.

6.4 Case Updating

Between the time a case is filed with the court and the time it is set for trial, additional papers will be filed with the clerk's office. Some will simply be recorded in CMS and placed in the case jacket. Others will require further action by the clerk, such as scheduling matters on the Motion Calendar, processing Orders of Reference and scheduling for status and pretrial conferences. Finally, the case will be placed on the proper trial roster. In order for this process to occur smoothly, all intermediate filings must be properly processed and readily accessible for court review.

6.4.1 Subsequent Filings

In addition to the summons and complaint, other pleadings may be filed with the clerk of court. They include the defendant's answer, affidavit of service of the complaint, counterclaim, cross claim, various motions, affidavits, etc.  Rule 7, SCRCP, discusses the pleadings allowed. The general procedure for processing these additional filings is discussed in Chapter 1, General Office Procedures.

Tasks:

  • Verify required signatures and copies are present.
  • Verify that case number is on document.
  • Verify original document is being filed.
  • File stamp document.
  • Record document file and date.
  • Make any basic case information amendments and prepare record for transmission to Court Administration using an "M" action code.

6.4.2 Motion Calendar

Certain matters are to be placed on the Motion Calendar as a matter of course. Others are placed on the Motion Calendar because one of the parties has filed a Motion upon which the judge must rule. Depending upon the nature of the motion, it may be resolved quickly or it may require extended time for argument. Motions may be considered in chambers or may need to be scheduled during a non-jury term. A Motion and Order Information Form and Coversheet (SCCA 233) should be included with the motion when it is filed. The motion coversheet is accessible under the Forms section of the SCJD Website.

The following matters are to be placed on the motion calendar as they are filed:

Motions

- Appeals from Magistrate Court
- Appeals from Municipal Court
- Appeals from administrative agency hearings
- Appeals from Probate Court
- Other matters requiring summary (non-jury) hearing in the Circuit Court.

Note: Appeals from the Master-in-Equity go to the Supreme Court or Court of Appeals. [Rule 53(e), SCRCP]


Note: If a motion is filed for a case that has been placed on the trial roster, the motion should not be scheduled on the motion calendar unless so indicated by the judge.

Tasks:

  • Verify that a motion coversheet and the $25.00 filing fee (if applicable) are included with the motion.
  • Verify case number and proper signatures appear on documents to be filed.
  • File stamp document.
  • Place on Motion Calendar. The Motion and Order Information Form and Coversheet (SCCA 233) includes:

        Case caption
        Case number
        Date of request
        Attorneys involved
        Nature of the motion to be presented
        Time estimation
        Court reporter request.

  • When the motion is scheduled for hearing, send notice of the hearing to the attorneys, or parties if pro se. The hearing rosters should include:

        Date and time of motion hearing
        Name of case
        Case number
        Description of motion
        Location of hearing.

NOTE: Because a printout of a hearing roster contains the case information elements listed above, some offices may find that sending a copy of the hearing roster is more convenient than generating separate notices. However, for some offices, such a practice could be costly in terms of postage and paper. The clerk may utilize the CMS system to email court notices to attorneys or pro se litigants who provide an email address. If a pro se litigant does not provide an email, the clerk will need to mail the notice to him or her.

6.4.3 Pretrial/Status Conferences

Depending on the particular case, or the judge involved, pretrial and/or status conferences (Rule 16, SCRCP) may be scheduled. These conferences help to refine the issues and estimate time needed for trial. In circuits where larger numbers of cases are routinely scheduled for pretrial conferences, a separate pretrial docket may be maintained. When fewer pretrials are required, they may be scheduled as time allows on the regular rosters.

Local practice may vary in preparing for pretrial conferences. The following tasks may be used as a guide for pretrial conferences.

Tasks:

  • Pull case jackets for cases listed on the pending roster.
  • Verify that:
        1. All attorneys are listed.
        2. Service on defendant is complete, and/or answers from all defendants are filed.
    If this information is missing, contact the attorneys.

Set cases with completed information on the pretrial conference docket in chronological order, oldest case first.

Send notice to attorneys that the case has been placed on pretrial conference docket.

If cases settle after being placed on the pretrial conference docket, substitute other cases in the available time slots.

Prior to or at the time of the conference, each attorney will submit a Pretrial Brief to the judge. These briefs are not to be filed with the clerk nor are they made a part of the record. Rule 16(c) SCRCP.

6.4.4 Trial Roster

Trial rosters consist of lists of cases which are to be heard during a particular term of court. Both jury and non-jury rosters are prepared by the Clerk of Court. No jury roster, however, should be prepared for a week that has been designated as a non-jury week.

Rule 40, SCRCP, governs the preparation of trial rosters. Within a given circuit, this may be done by the clerk following procedures set by the court, or it may be done in consultation with the Chief Judge for Administrative Purposes.

Pursuant to Rule 40(b), the clerk initially shall place all cases in which a jury has been requested on the General Docket. A case may not be called for trial until it has been transferred to the Jury Trial Roster. Trial shall be had no earlier than 30 days from the date the case first appears on the Jury Trial Roster. Cases shall be called for trial in the order in which they are placed on the Jury Trial Roster, unless the court in a Scheduling Order has set a date certain for the trial, or, after the case has been set on the Jury Trial Roster, the court, upon motion, grants a continuance as provided in (i) below. The first 20 cases on the Jury Trial Roster at the opening of court on the first day of a term, excluding those previously dismissed, continued or otherwise resolved before the opening of that term of court, may be called for trial. For each additional judge sitting during that term of court an additional 20 cases are subject to call. All other cases may be called for trial in that term only upon no less than 24 hours notice. Notwithstanding the foregoing, no action may be called for trial until 180 days after service of the last pleading which adds a new party to the action, unless all parties consent in writing.

Tasks:

  • Prepare a list of pending cases including only those cases in which the initial pleadings were filed and served more than 120 days before.

        Exceptions:
        1) Actions filed more recently may be placed on the roster if the attorneys for both parties certify in writing that the action is ready for trial.

  • Place actions on the roster in chronological sequence, with the oldest case appearing first on the roster. If any of the following orders exist, the numerical sequence of the roster may be varied to reflect the content of the order.

        1. Order Setting Day Certain
        2. Order to Try out of Chronological Order
        3. Order of Continuance

The format of the trial roster is determined in each circuit, but they should include

Court identification information:

    Trial date
    Presiding judge (optional)
    Name of Court
    Designation as jury or non-jury roster

Case identification information:

    Case number
    Case name
    Attorney for plaintiff
    Attorney for defendant
    Other case information which may be useful includes
        Date filed
        Nature of action (optional, but required if the trial roster is used for notice purposes)

The format of the roster should provide sufficient space for notes to be made in monitoring the roster - such as notations concerning continuances or a party's scheduling conflict.

  • Prepare sufficient copies of the trial roster for distribution to court personnel and attorneys or pro se litigants listed on the roster.
  • Notify attorneys that their case has been called for trial by sending notice to attorneys, or parties if pro se. Notice should contain:
        Date and time of trial
        Name of case
        Case number
        Description of action or motion
        Location of hearing

NOTE: Because a printout of a hearing or trial roster contains the case information elements listed above, some offices may find that sending a copy of the hearing roster is more convenient than generating separate notices. However, for some offices, such a practice could be costly in terms of postage and paper. The clerk may utilize the CMS system to email court notices to attorneys or pro se litigants who provide an email address. If a pro se litigant does not provide an email, the clerk will need to mail the notice to him or her.

6.4.5 Masters and Special Referees

Rule 53(b), SCRCP, provides that in an action where the parties consent consent, in a default case, or an action for foreclosure, some or all of the causes of action in a case may be referred to a master or special referee by order of a circuit judge or the clerk of court.  In all other actions, the circuit court may, upon application of any party or upon its own motion, direct a reference of some or all of the causes of action in a case.  Any party may request a jury pursuant to Rule 38 on any or all issues triable of right by a jury and, upon the filing of a jury demand, the matter shall be returned to the circuit court.  A case shall not be referred to a master or special referee for the purpose of making a report to the circuit court. The clerk shall promptly provide the master or special referee with a copy of the order of reference.

You may access the complete Rule by clicking on the following link: Rule 53, SCRCP.

NOTE: Because the Master determines final disposition on references, when the case is ended the file will be returned to the clerk who will enter and enroll (if applicable) judgment, update the record, and close the file as with a typical Common Pleas case.

6.5 Trials

Once a case has been placed on the trial roster it will remain there unless settled or moved to another roster by order of the court. The clerk is usually responsible for having all case jackets in the courtroom as the cases are called. The individual responsible for specific tasks involved in preparing for trial as well as during trial may vary from circuit to circuit, or judge to judge. For example, the judge's staff or the clerk's staff may be responsible for delivering case jackets. During court, the judge may announce cases and swear witnesses, or the clerk may do so. To ensure efficiency in the courtroom, it may be helpful to review local procedure with each new judge, and to modify the procedure as requested when working with that judge.

6.5.1 Tasks - Preparation for Trial

        Prior to the date of the trial pull case jackets and place in the order as cases appear on trial roster.

If the structured settlement is initiating a case, assign a Common Pleas        Deliver to courtroom/judge.

6.5.2 Tasks - in-Court

A.In jury cases:

  • Administer oaths to venire prior.
  • Secure jury list from bailiff.
  • Distribute copies to the judge, the court reporter, and the attorneys for each side, and retain at least one copy.
  • After attorneys review the list each will be allowed to strike four jurors. The plaintiff's attorney strikes first.
  • Note strikes by each attorney on clerk's list, placing mark in column to indicate party striking the juror.
  • Read names of remaining jurors.
  • Seat jurors in jury box.
  • Swear jurors using oath for Common Pleas cases.
  • Upon return of jury, publish jury verdict,
  • Poll jurors if requested by either party.

B. In all cases:

  • Call cases in order from trial roster.
  • Administer oaths to witnesses and interpreters as necessary.

A. Sample Oaths for Witnesses:

"State your full name, raise your right hand and place your left hand on the Bible. The evidence you shall give the Court and jury upon the trial of this case shall be the truth, the whole truth and nothing but the truth. So help you God (if no objection)."

OR

"You do solemnly swear that the testimony you are about to give in this case to be the truth, the whole truth and nothing but the truth. So help you God (if no objection)."

B. Sample Oath for Interpreters:

"Do you solemnly promise and swear that you shall interpret the testimony of the witness as he or she makes the answers to you? So help you God (if no objection)."

C. Sample Oath for Constable (Bailiff):

"You and each of you solemnly swear you will keep the jury sworn. You will suffer no one to speak to them, neither speak to them yourselves about this case. So help you God (if no objection)."

D. Oath for Constable to take jury to meal:

"Do you solemnly swear that you will keep the jurors sworn in this case and take them to some convenient place for lunch; that you will suffer no person to speak with them, nor any of them, neither speak with them yourself, nor suffer them to speak with any persons and after lunch return them to their jury room and keep them there until further directed by this Court? So help you God (if no objection)."

  • Maintain minutes on each case called. Some clerks use legal pads for these notes, others use trial rosters or special forms. The minutes should include:
        - case number
        - caption
        - action taken
        - juror names
        - witness names
        - times court began and ended.
  • File papers as necessary.
  • At the end of the day, take exhibits from court reporter, review exhibit list and exhibits with reporter
        - Sign list showing exhibits received
        - Retain a copy of the list
        - Return original list to court reporter.
        (See Chapter 1 for discussion of clerk's responsibility for exhibits.)
  • Following conclusion of term, transcribe minutes into official journal. File original notes from trial by term in file folder for prescribed period of time. (See Chapter 3, Records Retention)

6.6 Case Disposition

Cases will be disposed at various stages of the judicial process. Some will be withdrawn by the parties, others will be settled. Failure by the parties to comply with processing requirements may cause the court to strike the case. Some cases will progress to trial and result in a final judgment.

No matter what the type of disposition, the clerk's office must record the appropriate information in CMS to officially close the case. The information that follows will discuss the types of dispositions first, and then the general tasks involved in closing the case records.

6.6.1 Types of Dispositions and Disposition Codes

A. Withdrawn by plaintiff - The plaintiff may file a notice of dismissal with the clerk and serve a copy on the defendant before the defendant answers the complaint or other motions go forward. Later in the proceedings, the action may be withdrawn by filing a stipulation of dismissal signed by all parties who have appeared in the action.

B. Transferred to another court - A change of venue or transfer on other grounds does not resolve the case. For the purposes of the court in which the case was originally filed, however, the matter is disposed of and can be removed from the pending cases once the transfer is complete. It is highly recommended that when transferring a case file to another court by mail that certified mail be used.

C. Default - When the defendant fails to respond to a properly served summons and complaint, the plaintiff may move for judgment on the pleadings and request a hearing on damages.

D. Settlement or Dismissal - Settlement or dismissal may be moved for by the parties at any time between the filing of the case and judgment at trial. A form order is frequently used although the attorneys may draw their own order and forward it to the court. If approved or modified by the court, the order will be signed and filed with the clerk.  Cases may also be dismissed by stipulation of parties and without an order of the court pursuant to Rule 41(a)(1), SCRCP

E. Rule 40(j) Dismissal - When a case on the trial roster is called for trial and the parties indicate the case is not ready for trial, the case can be dismissed with leave to restore, unless a continuance is granted.
Note: Some judges may require a meeting with attorneys prior to a Rule 40(j), SCRCP dismissal.

F. Ended by jury or non-jury trial - Action proceeded through trial.

G. Other dispositions may occur due to Bankruptcy actions or through Binding Arbitration.

H.  Disposition Codes

The following is a reference list of disposition codes used in Common Pleas:

1 -        Transferred to Other Court

2 -        Dismissed by Court, not by Rule 40(j)

3 -        Discontinued, Settled, or Withdrawn by Parties

4 -        Rule 40(j) Dismissal

5 -        Ended by a Non-Jury Trial

6 -        Ended by a Jury Trial

7 -        Uncontested/Default

8 -        Other

9 -        Ended by Judgment/Dismissal/Arbitration/Mediation

6.6.2 Entry of Judgment

Pursuant to Rule 58, SCRCP, all judgments must be entered by the Clerk of Court.

6.6.3 Closing Case Records

Receipt of a jury verdict, final order, notice of voluntary dismissal, or notice of dismissal by stipulation triggers the closing of the case records. The judgment must be entered, and enrolled if appropriate, and the case is disposed in CMS. The judgment may take the form of an order or a decree. When multiple claims or multiple parties are involved in one action, there may be more than one judgment rendered before the entire action is resolved.

NOTE: Unless otherwise ordered by the court, all judgments are to be entered.

Tasks for Entering Judgment:

  • Verify that the final document has been signed by judge.

    NOTE: Final document will usually be an order. However, in cases of voluntary dismissal or dismissal by stipulation, there may not be an order.
  • File stamp final document.
  • Complete judgment form (Form 4C, SCRCP) (See Section 1.10.1 for additional information on Form 4C) and provide or mail a copy of the Form 4C to attorneys representing parties affected by the judgment or to the affected parties themselves, if pro se. [See Rule 77(d), SCRCP] The clerk is not responsible for completing the "Information for the Judgment Index/Transcript of Judgment" portion of the form.  
  • Enter into CMS:
        - Date of final disposition
        - Judge code
        - Disposition type

    NOTE: In accordance with Rule 77(d), SCRCP, record the date that the notice was provided to or mailed to parties in the case jacket and CMS.
  • SCCA recommends that the clerk of court transmit daily. File computer-generated docket sheet in the case jacket

6.6.4 Enrolling a Judgment

If the final judgment affects title to real property it must be immediately enrolled after filing. Judgments involving the payment of a sum of money or affecting personal property should also be enrolled. Enrolling the judgment particularly provides notice to those individuals who may want to determine whether a property is encumbered. Not all judgments must be enrolled. For example, the court may order that a particular judgment should not be enrolled. Additionally, the following types of cases generally will not affect title to property and it is recommended that they should not be automatically enrolled:

  • Dismissals and non-suits (See Rule 41, SCRCP).
  • Settlements (unless made upon order of the court which requires future payment of a sum of money or affects title to real or personal property)
  • Cases stricken pursuant to Rule 40(j, SCRCP
  • Jury verdicts making no monetary award (or possession of property) to any party.
  • Declaratory judgments and injunctions.
  • Other final judgments not awarding money or clearly not affecting the title to real or personal property.

Note: When in doubt as to whether real or personal property is affected, the final judgment should be enrolled.

Tasks:

Use original case number to enroll judgment. Pursuant to Chief Justice Toal’s November 26, 2009 order, if a General Sessions or Family Court judgment is being enrolled in Common Pleas Court, assign such judgments a CP number.

Write that number on the judgment.

Record the number and case name in the judgments index.

Enroll an abstract of the judgment in the Judgment Roll book. Include the following information: case name, nature of judgment, date of entry of judgment, costs as allocated.

Reference: SCRCP 78(b); Chapter 1.

Tasks:

  • Forward case jacket immediately to staff member responsible for enrolling judgments.
  • File case jacket with judgment roll files, or case ended files as appropriate. (See 1.6)

NOTE: Cancellation of judgment is provided by the following statute:

§ 15-35-650. Entry of cancellation on margin or index of judgment.

All clerks of court shall enter the word "cancelled," together with the signature of such officer, upon the margin or across the indices of judgments when any such judgment is duly cancelled of record by the judgment creditor or his assignee. Such cancellation and signature shall be entered in the margin opposite the names of the judgment debtor and judgment creditor, respectively, or across such names, and the like cancellation shall on the demand of the judgment debtor, or his legal representative, be made on judgments theretofore cancelled of record. Upon failure of such Clerk of Court to comply with the provisions of this section, he shall, in each instance, forfeit and pay to the judgment debtor the sum of ten dollars, to be recovered in any court of competent jurisdiction, and if such failure be willful he shall, on conviction, be fined not more than one hundred dollars or be imprisoned not more than thirty days, in the discretion of the court. The solicitor of each circuit shall see that the provisions of this section are complied with or shall forthwith prosecute violators thereof.

6.7 Special Procedures

Special procedures have been established for certain groups of cases or matters handled by the court, as a means of expediting or ensuring uniform treatment. Those currently in operation are discussed below.

6.7.1 Foreclosures

A case is to be considered closed when the judge or Master-in-Equity enters foreclosure.

6.7.2 Automobile Arbitration

The South Carolina Automobile Reparation Reform Act of 1974 (§§ 38-77-710, et seq.) created a procedure for the arbitration of property damage claims arising out of motor vehicle collisions and accidents. Records for these arbitrations are maintained by the Clerk of Court. Once the resident judge has issued an order of reference appointing an attorney or attorneys as member(s) of an arbitration panel, the clerk is responsible for assigning members of the panel to hear cases as they arise.

The clerk must provide the following forms necessary for pursuing a claim:

1.      Claim for Property Damage

2.      Summons for Arbitration

3.      Affidavit of Service

4.      Notice of Assignment as Arbitrator

5.      Notice of Arbitration Hearing

6.      Entering and Filing of Decision Upon Arbitration (this form is to be printed on the back of the Claim for arbitration form.)

7.      Agreement

8.      Subpoena and Subpoena Duces Tecum

A separate Arbitration Docket must be maintained in the clerk's office.

Procedure for Automobile Arbitration:

A.    Initiating documents - Claim for Property Damage and Summons for Arbitration must be filed in triplicate. If multiple defendants are named an additional copy for each defendant is required.

Tasks:

  • File stamp.
  • Collect the $10.00 filing fee (See 6.7.2 (B) below).
  • Assign a Common Pleas case number.
  • Record in Arbitration Docket.
  • Enter information into CMS.
  • Enter claimant and defendant names in the alphabetical claimant and defendant indexes at the front of the Arbitration Docket.
  • Upon request, provide Subpoenas and Subpoenas Duces Tecum to parties.
  • Create case jacket and file in sequence by case number.

B.    Filing fee - A $10.00 filing fee is required for all arbitration cases. Of this $10.00, the clerk retains $5.00 to cover the cost of filing the case and enrolling the judgment. The other $5.00 covers the cost of service.

Tasks:

  • Write receipts - one for each $5.00 charge.
  • Note payment of fee on docket sheet.

C.    Service - As with Common Pleas cases, all parties named in arbitration cases must be served.

Tasks:

  • Prepare copies of Claim and Summons for each defendant.
  • Deliver to sheriff or other process server for service (include sufficient copies of Affidavit of Service).
  • Out of state service is handled in the same manner as other Common Pleas cases.
  • File Affidavit of Service when returned to court.

D.    Assign Arbitrator - After 30 days or after the filing of a response by the defendant, assign the case to a panel of three arbitrators. The clerk must assign the arbitrators on a rotating basis and the Chief Administrative Judge for Administrative Purposes should issue an order appointing the panel of arbitrators.

Pursuant to Rule 76 of the SC Rules of Civil Procedure, the resident circuit judge, by order of reference, shall designate attorneys to constitute a panel of arbitrators for automobile reparation actions under the South Carolina Automobile Reparation Reform Act of 1974. To insure a sufficient number of arbitrators in each county, more particularly those counties with fewer attorneys, a panel of arbitrators for each county shall consist of all attorneys in good standing, duly admitted to practice law and actively engaged in the practice of law in the State whose principal offices now or hereafter are located within the judicial circuit of which such county is a part.

Please note that the clerk does not use the ADR-certified list of Arbitrators to assign arbitrators.  The clerk should use a list of all SC Bar members in the Judicial Circuit.  

Reference: Rule 76, SCRCP and SC Code § 38-77-710.

NOTE: Upon receipt of a written Agreement, signed by the parties (not their attorneys), a single arbitrator may be assigned.

Tasks:

  • Select attorney/arbitrator(s) from panel list.
  • Prepare and mail Notice of Assignment as Arbitrator form to attorney/arbitrator.
  • If, within 3 days, a written request is received from the attorney/arbitrator requesting to be excused for service, the Clerk of Court must decide if the excuse is good and justifiable. If it is, notify the protesting attorney/arbitrator of removal and select another attorney/arbitrator from the list. Repeat the noticing process until the needed number of arbitrators are assigned.
  • Prior to hearing, send case jacket to arbitrators.

E.    Notify parties of hearing. As the arbitrators are notified of their assignment, the parties are notified of the hearing date.

Tasks:

  • Prepare Notice of Arbitration Hearing and make copies for each party to the proceeding. The notice should contain:
        - Location for hearing
        - Date and time of hearing
  • Mail copies by certified mail, return receipt requested.
  • File original Notice in case jacket.
  • Attach return receipts from mailing to original Notice as they are received.
  • If a written protest to the scheduling of the hearing is received within three days of the litigant's receipt of notice, the clerk must determine whether to reschedule the hearing. If rescheduling is appropriate, then notify all parties and the arbitration panel.

F.   Decision - Following the hearing, the arbitration panel will enter the decision and file it with the Clerk of Court.

Tasks:

  • Verify that decision is reported on Decision upon Arbitration form.
  • File stamp the Decision.
  • Enter the judgment on the Judgment Roll. (See 1.18.1)
  • Write Judgment Roll number on the Arbitration Docket.

G.   Appeal - If an appeal is taken from an arbitration decision, it will be considered a new Common Pleas case, will receive a new CP number, and processed accordingly.

6.7.3 Confiscation and Forfeiture of Vehicles

The Highway Safety Act provides for the confiscation and forfeiture of vehicles driven by individuals arrested or convicted of a fourth or subsequent offense of driving under suspension (DUS) within the last five years or a third offense for driving under the influence (DUI) within the last ten years [§56-5-6240]. The vehicle is confiscated at the time of arrest. The sheriff or chief of police of the jurisdiction where the vehicle was seized or his authorized agent must notify the registered owner of the confiscation by certified mail within 72 hours of the confiscation. The registered owner must also be notified that they have ten days from receipt of the notice to request a hearing before the presiding judge or his designated hearing officer. A copy of this notice and proof of the date of the registered owner's receipt should also be served on the clerk.

A.    Confiscation - Tasks

  • File stamp and index the notice of confiscation with the pending warrants under the defendant's name. If the registered owner is different from the defendant, a note should be made in the index as to the name of the registered owner.
  • File the notice of confiscation with the pending warrants by defendant's name. If there is no pending warrant on file, alphabetically file the notice, and when the warrant or ticket is received attach the notice to it.
  • If the registered owner requests a hearing, file stamp the notice, notify the presiding judge or designated hearing officer and set a date and time for the hearing. (The hearing must be held within ten days of the date the request for hearing was received.)
  • Notify the registered owner and confiscating law enforcement agency of the date, time and place of the hearing.
  • After the hearing is held, the presiding judge or designated hearing officer should prepare an order indicating the outcome of the hearing. The order should be filed with the notice of confiscation.
  • File the confiscation paperwork with the warrant or ticket until disposition.
  • If the defendant is subsequently indicted, the confiscation paperwork will move with the warrant to the indictment file and the law enforcement agency may initiate forfeiture proceedings (See 6.7.3B).
  • If the court determines the vehicle should be released, the clerk of court should prepare a Release of Confiscated Vehicle form for the judge or designated hearing officer's signature.

B.    Forfeiture

If the defendant is convicted of a fourth or subsequent violation of DUI or DUS, the law enforcement agency may initiate the forfeiture proceedings by filing a summons and complaint or petition. Forfeiture does not proceed automatically upon conviction. If forfeiture proceedings are not initiated by the confiscating law enforcement agency, the clerk need take no further action. A forfeiture proceeding is initiated by the filing of a summons and complaint, a petition, or consent order.

Tasks:

  • Collect appropriate filing fee.
  • Assign a Common Pleas case number.
  • Enter information into CMS.
  • Index the case and file it numerically with the pending Common Pleas cases.
  • This case should be placed on the motion calendar for hearing.
  • Upon disposition, all applicable steps for closing case records should be completed (see 6.6.3).
  • If forfeiture is granted, judgment should be entered.

6.7.4 Reinstatement of Permanently Revoked Driver's License

Pursuant to S.C. Code Ann. § 56-1-385, under certain conditions, a person may petition the Circuit Court to reinstate driving privileges. Currently, a $200.00 filing fee is required for processing and 100% of the revenue from this fee shall be paid to the county.

  • Tasks:
  • Verify that the petition contains:
        Case caption
        Proper county designation
        Designation as a non-jury matter
        Signature of filing party.
  • Collect the two hundred dollar filing fee.
  • File stamp the petition and copies.
  • Assign a Common Pleas (CP) case number.
  • Return copies of the filed petition with the case number along with a receipt of payment of the filing fee to the party who submitted the documents.
  • Add information into CMS.
  • If a Demand for Hearing Motion is filed by the solicitor, schedule the matter for the next available non-jury term. If a Motion to Demand for Hearing is not received within 30 days of the service of the petition on the solicitor, the petition may be forwarded, along with any other subsequent filings, to the Chief Administrative Judge for a ruling.
  • Upon the receipt of the final order, verify final order has been signed by a judge.
  • Complete judgment form (Form 4, SCRCP). (See Section 1.10.1 for additional information on Form 4C.)
  • File stamp order and judgment form, and provide copies to all the parties affected by the judgment.
  • Enter disposition information and transmit the information to Court Administration.

6.7.5 Petition by Minor for Judicial Consent for Abortion

The following code section governs petitions filed by minors seeking judicial consent for abortion. Pursuant to S.C. Code Ann. § 44-41-34(B) and (D), the standard filing fee may be waived, hearings are closed to the public, and court records in such matters must be sealed by the court.

S.C. Code Ann. § 44-41-32. Petitioning court for right to obtain abortion without consent of parent or legal guardian.

Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent required in § 44-41-31(1). In seeking this relief the following procedures apply:

(1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor.

(2) The Adoption and Birth Parent Services Division of the Department of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance.

(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request.

(4) All proceedings pursuant to this section must be given precedence over other matters pending before the court.

(5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor.

6.7.6 Foreign Subpoenas and Depositions in Out-of-State Actions

Pursuant to the Uniform Interstate Deposition and Discovery Act of 2010, when a subpoena issued from another state requires that a person attend and give testimony at a deposition, produce designated books, documents, records, electronically stored information or tangible items, or permit inspection of premises, a party must submit the subpoena to the clerk of court of the county in which the discovery is sought to be conducted in this state. A foreign subpoena means subpoena issued under authority of a court of record of a foreign jurisdiction (SC Code Ann. §15-47-110(3)).

Please be advised that a pro se litigant or an attorney who is not a member of the South Carolina Bar should file a foreign subpoena through the traditional "paper" manner in E-filing counties. An out of state  filer is not required to seek the assistance of a SC Bar member to E-file a foreign subpoena.  Pursuant to Section 15-47-120, SC Code, a request for the issuance of a foreign subpoena does not constitute an appearance in the courts of this State.  However, SC Bar members are required to E-file foreign subpoenas in E-filing counties.

SC Code Ann. §15-47-100(B) provides when a party submits a foreign subpoena to a clerk of court in this state, the clerk in accordance with the rules of court, promptly shall issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena must incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

Tasks:

  1. Upon receipt of a foreign subpoena, the clerk should charge the $50.00 filing fee set by order of the Chief Justice dated February 21, 2003, effective March 1, 2003. A civil action coversheet should be attached. No other documents are required to be filed along with the foreign subpoena.

  2. The clerk should assign the subpoena a Common Pleas number.

  3. The clerk should then promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena should include the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

  4. The clerk should file the original foreign subpoena and also keep a copy of the subpoena that the clerk issues.

  5. Once entered into the system, the case should be opened and closed immediately since it is likely that no further action will be necessary by the court issuing the subpoena. The judge code that should be used to close this case is the Clerk of Court Code 2099.

6.7.7 Structured Settlements

Pursuant to S.C. Code Ann. §§ 15-50-10 et seq, a structured settlement means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim. A structured settlement agreement means the agreement, judgment, stipulation, or release outlining the terms of a structured settlement.

Tasks:

  • Verify that document includes:

Case caption
Proper county designation
Original signature of filing party
Filing fee (See 6.3.1)

NOTE: Original documents are kept for the court's file.

  • File stamp the documents and copies (if provided).
  • If the structured settlement is initiating a case, assign a Common Pleas (CP) case number. (See 6.3.1)
  • Collect filing fee. The amount of the filing fee will depend on whether the structured settlement initiates the case ($150) or if it is being submitted after a summons and complaint have been filed ($25).
  • If a hearing is requested, schedule the hearing on the non-jury motions calendar. If the settlement agreement is being presented for the court's approval, forward the agreement to the judge.

6.7.8 Administrative Warrants Procedure

Pursuant to S.C. Code § 41-15-260 of the South Carolina Code of Laws, an Administrative Warrant is issued by a Circuit Court judge. The Administrative Warrant, a copy of the Return and all papers in connection therewith, are to be filed with the Clerk of Court. S.C. Code § 41-15-260(B)(4) requires that the Administrative Warrant, a copy of the Return, and supporting affidavit and documents be kept for a period of three years from the date of the issuance of each warrant.

Tasks:

  1. File stamp the Administrative Warrant, Copy of the Return, and all papers in connection therewith and copies.
  1. Assign the Administrative Warrant a Common Pleas number.
  1. Return copies of the filed Administrative Warrant with the case number to the party who submitted the documents.
  1. The Administrative Warrant shall be filed along with a copy of the Return and all papers in connection therewith.
  1. Once entered into the system, the case should be opened and closed immediately since it is likely no further action will be necessary. The judge code that should be used to close this case is the code 2099 for Clerk of Court.

6.7.9 Motions to Quash Subpoena When Subpoena is Issued in Another County

From time to time you will receive a Motion to Quash Subpoena for a Subpoena that was issued in your county and the action is located in another county.

Tasks:

  • Collect a Civil Action Coversheet. The NOA code used for this is 660.
  • Collect a Motion Coversheet with the Motion to Quash Subpoena
  • Collect the $25.00 Motion Filing Fee
  • Assign the Hearing for the Motion to Quash
  • Once the hearing is heard, the case should be disposed.
  • The judge code that should be used to close this case is the code for the Clerk of Court, 2099, for systems that accept a 4-digit judge code and 099 for those systems that accept 3-digit judge codes.

6.7.10 Common Pleas Court Subpoenas

A. Pursuant to Rule 45, SCRCP, the clerk of court shall issue a subpoena, signed but otherwise in blank to a party requesting it, who shall complete it before service. An attorney as an officer of the court may also issue and sign a subpoena on behalf of a court in which the attorney is authorized to practice.

There is a subpoena form (SCCA 254) for a civil action located in the forms section of the SC Judicial Department website which you may use to issue a subpoena.

B. Subpoenas for cases in other counties

From time to time, you may receive a request to issue a subpoena from your county for a case that is filed in another county. When this situation occurs, you should issue the subpoena and list the other county’s case number on the subpoena. You do not need to open a new case. You should maintain a copy of the subpoena for your files.

This procedure is pursuant to Rule 45(a)(2), SCRCP, which states a subpoena for attendance at a deposition shall issue from the court for the county designated by the notice of deposition as the county in which the deposition is to be taken. If separate from a subpoena commanding the attendance of a person, a subpoena for production or inspection shall issue from the court for the county in which production or inspection is to be made. Provided, however, that a subpoena to a person who is not a party or an officer, director, or managing agent of a party, commanding attendance at a deposition or production or inspection shall issue from the court for the county in which the non-party resides or is employed or regularly transacts business in person.

C. Signing Subpoenas

Rule 45(a)(3), SCRCP, states the clerk shall issue a subpoena, signed but otherwise blank, to a party requesting it, who shall complete it before service. The clerk of court should not use an electronic signature or signature stamp when issuing subpoenas. All subpoenas should be signed by the clerk or their appointed deputy clerk.

6.7.11 Business Courts Statewide Program

The Business Court Program was expanded to cover all counties in South Carolina by Order of the Chief Justice on January 1, 2016.

The Business Court Program was created as an option to litigate complex business, corporate, and commercial matters in the Circuit Courts of South Carolina.  There are 10 Circuit Court judges who, in addition to their other duties as circuit court judges, are assigned to preside over Business Court cases.  The Chief Business Court Judge may receive motions for a case to be assigned to Business Court and assigns exclusive jurisdiction over the case to a Business Court judge.  The Business Court Judge shall retain jurisdiction over the case regardless of where he or she is assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled.

A. Assigning a Case to the Business Courts Statewide Program

Tasks:

  1. The clerk of court will receive from the petitioner the original and at least one copy of the Motion for Case Assignment to the Business Court Program (SCCABC 101) along with the motion coversheet. The clerk shall clock-stamp both the original and the copy(ies) of the motion and accept the $25.00 motion fee. Note: Prior to the motion being filed with the clerk of court, the case will be initiated with a summons and complaint.
  1. The clerk shall file the original motion and return the copy(ies) to the petitioner.

    The clerk shall enter the motion into CMS.  The clerk should not schedule a hearing for this motion.

    Note: The petitioner shall send a copy of the clocked-in motion (SCCABC 101) to the Chief Business Court Judge for his or her review. Petitioner also must forward a copy of the SCCABC Form 101 to businesscourt@sccourts.org. If the action is pending in a county with mandatory E-filing, the SCCABC Form 101 shall be filed electronically through the E-filing system, and counsel is required to send a copy of the SCCABC Form 101 to businesscourt@sccourts.org.

  1. Whether the Motion for Case Assignment is approved or denied by the Chief Business Court Judge, the Petitioner or the Chief Business Court Judge, if he has requested the petitioner to file the Order with him, shall send the Order to the clerk of court for filing and a copy of the order to the assigned Business Court judge if the case is assigned to Business Court.
  1. Upon receipt of the original signed order, the clerk shall file the order, scan the order, and enter the order into CMS. If the case is assigned to Business Court, the clerk shall indicate in CMS which Business Court judge is assigned to the case, indicate that the case is "Pending Business Court" in the case status, and indicate "Assignment to Business Court" in the case description.
  1. The Petitioner shall serve a copy of the clocked-in order signed by the Chief Business Court Judge on all parties.

B. Motions for Cases Assigned to the Business Court Program

From time to time, motions may be filed in cases that are assigned to the Business Court Program. The motions will be filed with the clerk of court along with the motion coversheet and the $25.00 motion fee, as applicable. The motions will not be placed on the motion calendar.

Tasks:

  1. Verify the case number and proper signatures appear on documents to be filed and that the motion coversheet is attached. 

  2. File stamp the motion.

  3. Mail a copy of the clocked-in motion to the assigned Business Court Judge, as indicated in CMS.

  4. The Business Court Judge shall work with the Chief Judge for Administrative Purposes of the respective county and Court Administration to schedule all hearings and/or the trial associated with the case.

Note: Portions of these procedures may be in conflict with E- Filing procedures. In a mandatory E-Filing county, please defer to E-Filing procedures to resolve any conflict which may arise with the Business Court process.

6.7.12 Fraudulent or Sham Legal Documents

On October 18, 2016, Court Administration sent a memorandum to the Clerks of Court, Registers of Deeds and judges regarding fraudulent or sham legal documents that are filed with their offices.  The memorandum included information from SLED that may be used as a reference tool in the handling of sham or fraudulent documents that are presented for filing or court action. You may access this memorandum at the following link: October 18, 2016 Memorandum.

Please see the below guidelines concerning the acceptance of filing of fraudulent documents:

1. Documents that are determined to be illegitimate court documents should not be accepted for filing. S.C. Code § 30-9-30(B)(1) provides statutory guidance for handling such documents. If the document bears the elements indicating a fraudulent filing (for example, alleging a fictional court such as a federal tribal circuit court or status derived from entities not recognized by the United States) and the clerk of court or the register of deeds reasonably believes that the document is materially false or fraudulent or is a sham legal process, the clerk of court or register of deeds may refuse to accept the document for filing.

2. If a clerk of court or register of deeds refuses to accept an illegitimate document for filing, S.C. Code §30-9-30(B)(1) requires that the clerk of court or register of deeds provide the person attempting to file the document with written notice that the filing has been refused pursuant to this section of the S.C. Code. Within 30 days of written notice of such refusal, the person presenting the document may commence a suit in a state court of competent jurisdiction requiring the clerk of court or the register of deeds to accept the document for filing.

3. Section 30-9-30(B)(2) provides that a document previously accepted and filed but subsequently determined to be a fraudulent document may be removed from the public record after giving 30 days written notice to the person on whose behalf the document was filed. Within 30 days of written notice of the proposed removal, the person provided the notice may commence a suit in a state court of competent jurisdiction preventing the clerk of court or register of deeds from removing the document.

4. If a clerk of court or register of deeds is not clear as to whether the document is fraudulent, it should be accepted for filing and subject to review by the court.

Persons knowingly presenting documents in connection with a sham legal process may be subject to criminal prosecution, not only under the Federal Mail Fraud Statute, but also under S.C. Sham Legal Documents Statute (Section 16-17-735), and such action may amount to obstruction of justice if they purport to prevent a South Carolina court from exercising its jurisdiction.

S. C. Code Ann. § 30-9-30 is provided below for your reference.

(A) Except as otherwise provided by statute, each clerk of court and register of deeds in this State shall keep a record, in the office in which he files all conveyances, mortgages, judgments, liens, contracts, and papers relating to real and personal property required by statute to be kept by him, by entering in the record the names of the grantor and grantee, mortgagor and mortgagee, obligor and obligee, or other parties to the written instruments, date of filing, and nature of the instrument immediately upon its lodgment for record. The filing is notice to all persons, sufficient to put them upon inquiry of the purport of the filed instrument and the property affected by the instrument. A return address must be provided on each conveyance, mortgage, judgment, lien, contract, or other document submitted for filing with the clerk of court or register of deeds. A document may be refused for filing if it lacks a complete return address.

(B)(1) If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing if he reasonably believes that the document is materially false or fraudulent or is a sham legal process. Within thirty days of a written notice of such refusal, the person presenting the document may commence a suit in a state court of competent jurisdiction requiring the clerk of court or the register of deeds to accept the document for filing.

(2) If the clerk of court or the register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, or is a sham legal process, the clerk of court or the register of deeds may remove the document from the public records after giving thirty days' written notice to the person on whose behalf the document was filed at the return address provided in the document. Within thirty days written notice of the proposed removal, the person providing the notice may commence a suit in a state court of competent jurisdiction preventing the clerk of court or the register of deeds from removing the document.

(3) If a clerk of court or a register of deeds improperly refuses to accept for filing or recording or improperly removes from the public records a conveyance, mortgage, judgment, lien, contract, or other document pursuant to this section, the clerk of court or register of deeds is not liable for damages, personally or in his official capacity, for the improper refusal or removal.

(4) For purposes of this subsection:

(a) "Sham legal process" means a document that is not issued lawfully and that purports to be a judgment, lien, or order of a court or appropriate government entity, or otherwise purports to assert jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of a person or property.

(b) "Lawfully issued" means adopted, issued, or rendered in accordance with applicable statutes, rules, regulations, and ordinances of the United States, a state, or an agency or a political subdivision of a state.