SC Judicial Branch

Appellate Court Rules

I. Applicability and General Provisions
101	Scope and Title
102	Effective Date and Repealer
II. Rules of Appellate Practice
A. Appeals
201	Right to Appeal
202	Designation of Parties and Definitions
203	Notice of Appeal
204	Transfer of Cases
205	Effect of Appeal
206	Cases Involving Multiple Notices of Appeal
207	Transcript of Proceeding
208	Initial Briefs
209	Designation of Matter to be Included in the Record on Appeal
210	Record on Appeal
211	Final Briefs
212	Supplemental Record
213	Amicus Curiae Brief
214	Consolidation
215	Submission Without Oral Argument
216	Notice of Oral Argument
217	Motion to Argue Against Precedent
218	Oral Argument
219	Hearing or Rehearing of Cases by the Court of Appeals En Banc
220	Opinions
221	Rehearing and Remittitur
222	Costs On Appeal
223	Arbitration of Appeals
B. Petitions and Motions
240	Motions and Petitions Generally
241	Stay and Supersedeas in Civil Actions
242	Certiorari to the Court of Appeals
243	Certiorari to Review Post-Conviction Relief Actions
244	Certification of Questions of Law
245	Original Jurisdiction of the Supreme Court
246	Stay in Criminal Cases
247	Certiorari to Review DNA Testing Decisions
C. General Provisions
260	Dismissal and Reinstatement
261	Agreements and Settlements
262	Filing and Service
263	Time
264	Substitution of Attorneys and Guardians
265	Substitution of Parties
266	Subsequent Applications for Relief
267	Form of Papers
268	Citation of South Carolina Authority
269	Frivolous Appeals, Petitions, Motions or Returns
270	Forms
Appendices to Part II
Appendix A		Table of Comparative Rules
Appendix B		Appeals Chart
Appendix C		Forms
IV. Rules Governing the Practice of Law
401	Student Practice
402	Admission to Practice Law
403	Trial Experiences Certificate (Acrobat version)
404	Admission Pro Hac Vice Pro Hac Vice Application Form
405	Limited Certificate of Admission for In-House Counsel Application for a Limited Certificate to Practice Law (Word Version)
406	Disposition of Fees
407	Rules of Professional Conduct
	Preamble	A Lawyer's Responsibilities
	Scope
		Client-Lawyer Relationship
	RULE 1.0	Terminology
	RULE 1.1	Competence
	RULE 1.2	Scope of Representation and Allocation of Authority Between Client and Lawyer
	RULE 1.3	Diligence
	RULE 1.4	Communication
	RULE 1.5	Fees
	RULE 1.6	Confidentiality of Information
	RULE 1.7	Conflict of Interest: Current Clients
	RULE 1.8	Conflict of Interest: Current Clients: Specific Rules
	RULE 1.9	Duties to Former Clients
	RULE 1.10	Imputation of Conflicts of Interest: General Rule
	RULE 1.11	Special Conflicts of Interest for Former and Current Government Officers and Employees
	RULE 1.12	Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
	RULE 1.13	Organization as Client
	RULE 1.14	Client With Diminished Capacity
	RULE 1.15	Safekeeping Property
	RULE 1.16	Declining or Terminating Representation
	RULE 1.17	Sale of Law Practice
	RULE 1.18	Duties to Prospective Client
	RULE 1.19	Succession Planning
		Counselor
	RULE 2.1	Advisor
	RULE 2.2	Reserved
	RULE 2.3	Evaluation for Use by Third Persons
	RULE 2.4	Lawyer Serving as Third Party Neutral
		Advocate
	RULE 3.1	Meritorious Claims and Contentions
	RULE 3.2	Expediting Litigation
	RULE 3.3	Candor Toward the Tribunal
	RULE 3.4	Fairness to Opposing Party and Counsel
	RULE 3.5	Impartiality and Decorum of the Tribunal
	RULE 3.6	Trial Publicity
	RULE 3.7	Lawyer as Witness
	RULE 3.8	Special Responsibilities of a Prosecutor
	RULE 3.9	Advocate in Nonadjudicative Proceedings
		Transactions With Persons Other Than Clients
	RULE 4.1	Truthfulness in Statements to Others
	RULE 4.2	Communication with Person Represented by Counsel
	RULE 4.3	Dealing with Unrepresented Person
	RULE 4.4	Respect for Rights of Third Persons
	RULE 4.5	Threatening Criminal Prosecution
		Law Firms and Associations
	RULE 5.1	Responsibilities of Partners. Managers, and Supervisory Lawyers
	RULE 5.2	Responsibilities of a Subordinate Lawyer
	RULE 5.3	Responsibilities Regarding Non Lawyer Assistants
	RULE 5.4	Professional Independence of a Lawyer
	RULE 5.5	Unauthorized Practice of Law; Multijurisdictional Practice of Law
	RULE 5.6	Restrictions on Right to Practice
	RULE 5.7	Responsibilities Regarding Law Related Services
		Public Service
	RULE 6.1	Voluntary Pro Bono Publico Service
	RULE 6.2	Accepting Appointments
	RULE 6.3	Membership in Legal Services Organization
	RULE 6.4	Law Reform Activities Affecting Client Interests
	RULE 6.5	Nonprofit and Court Annexed Limited Legal Services Programs
		Lawyer Advertising
	RULE 7.1	Communication Concerning a Lawyer's Service
	RULE 7.2	Advertising
	RULE 7.3	Solicitation of Clients
	RULE 7.4	Communication of Fields of Practice and Specialization
	RULE 7.5	Firm Names and Letterheads
		Maintaining the Integrity of the Profession
	RULE 8.1	Bar Admission and Disciplinary Matters
	RULE 8.2	Judicial and Legal Officials
	RULE 8.3	Reporting Professional Misconduct
	RULE 8.4	Misconduct
	RULE 8.5	Disciplinary Authority; Choice of Law
408	Continuing Legal Education and Specialization
409	Resignation
410	South Carolina Bar
411	Lawyers' Fund for Client Protection
412	Interest on Lawyer Trust Accounts (IOLTA)
413	Rules for Lawyer Disciplinary Enforcement
	RULE 1	Purpose
	RULE 2	Terminology
	RULE 3	The Commission on Lawyer Conduct
	RULE 4	Organization and Authority of the Commission
	RULE 5	Disciplinary Counsel
	RULE 6	Commission Counsel
	RULE 7	Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement
	RULE 8	Proof
	RULE 9	Civil Rules Applicable
	RULE 10	Right to Counsel
	RULE 11	Ex Parte Contacts
	RULE 12	Access to Disciplinary Information
	RULE 13	Immunity from Civil Suits
	RULE 14	Time, Service and Filing
	RULE 15	Oaths; Subpoena Power
	RULE 16	Lawyers Charged With or Convicted of a Crime
	RULE 17	Interim Suspension
	RULE 18	Notification to Complainant; No Right to Review
	RULE 19	Screening and Investigation
	RULE 20	Motion by Disciplinary Counsel to Re-Open Dismissed Complaints
	RULE 21	Discipline by Consent
	RULE 22	Formal Charges
	RULE 23	Answer
	RULE 24	Failure to Answer; Failure to Appear
	RULE 25	Discovery
	RULE 26	Hearing
	RULE 27	Review by Supreme Court
	RULE 28	Cases Involving Allegations of Mental or Physical Incapacity
	RULE 29	Reciprocal Discipline and Reciprocal Incapacity Inactive Status
	RULE 30	Duties Following Disbarment or Suspension, or Permanent Resignation
	RULE 31	Order of Receivership
	RULE 32	Reinstatement Following a Definite Suspension of Less Than Nine Months
	RULE 33	Reinstatement Following a Definite Suspension for Nine Months or More or Disbarment
	RULE 34	Employment of Lawyers Who Are Debarred, Disbarred, Suspended, Transferred to Incapacity Inactive Status, or Permanently Resigned in Lieu of Discipline
	RULE 35	Resignation in Lieu of Discipline
414	Limited Certificate to Practice Law for Clinical Law Program Teachers
415	Limited Certificate of Admission for the Retired Attorney Pro Bono Participation Program
	Pro Bono Application
416	Resolution of Fee Disputes Board
	RULE 1	Creation
	RULE 2	Jurisdiction
	RULE 3	Appointment and Tenure
	RULE 4	Duties
	RULE 5	Appointment of the Executive Council
	RULE 6	Circuit Panel
	RULE 7	Hearing Panel
	RULE 8	Assigned Member
	RULE 9	Rule Exclusive Upon Consent
	RULE 10	Commencement of Proceedings
	RULE 11	Investigation by Assigned Member
	RULE 12	Schedule of Proceedings
	RULE 13	Proceedings of the Board
	RULE 14	Appointment of Hearing Panel
	RULE 15	Panel Hearings
	RULE 16	Voluntary Termination
	RULE 17	Hearing Panel
	RULE 18	Conflicts of Interest
	RULE 19	Compliance
	RULE 20	Appeals
	RULE 21	Proceedings Confidential
	RULE 22	Amendments to Rules
417	Financial Recordkeeping
	RULE 1	Recordkeeping Generally
	RULE 2	Client Trust Account Safeguards
	RULE 3	Availability of Records
	RULE 4	Dissolution of Law Firm or Sale of Law Practice
	RULE 5	Authorized Electronic Transfers
	RULE 6	No Bearer Items
418	Advertising and Solicitation by Unlicensed Lawyers
419	Administrative Suspensions
420	Chief Justice's Commission on the Profession
421	Certification of Attorneys in Death Penalty Cases Application For Certification as Lead Counsel for Death Penalty Defense (Word version) Application For Certification as Lead Counsel for Death Penalty Defense (Acrobat version)
422	Commission on Alternative Dispute Resolution
423	Certificates of Good Standing
424	Licensing of Foreign Legal Consultants
	Application for Certification as a Foreign Legal Consultant
425	Mandatory Lawyer Mentoring Program
426	Provision of Legal Services Following Determination of Major Disaster
427	Limited Certificate of Admission for Judge Advocates Judge Advocate Limited Certificate Application Notice of Appearance Form
428	Intervention To Protect Clients
429	Certification of Paralegals
430	Limited Certificate of Admission for Military Spouse Attorneys
	Military Spouse Attorneys Certificate Application
Appendices to Part IV
Appendix A		Rules of the Board of Law Examiners
Appendix B		Rules and Regulations of the Committee on Character and Fitness
Appendix C		Regulations for Mandatory Continuing Legal Education
Appendix D		Regulations for Legal Specialization
Appendix E		Regulations for Specialty Fields
Appendix F		Regulations for the Chief Justice's Commission on the Profession
Appendix G		Regulations for the Commission on ADR
Appendix H		Regulations for Certification of Paralegals
V. Rules Governing the Judiciary, Employees of the Judicial Department, and Others Assisting the Judiciary
501	Code of Judicial Conduct
	Preamble
	Terminology
	Canon 1	A Judge Shall Uphold the Integrity and Independence of the Judiciary
	Canon 2	A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities
	Canon 3	A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
	Canon 4	A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to Minimize the Risk of Conflict With Judicial Obligations
	Canon 5	A Judge or Judicial Candidate Shall Refrain From Inappropriate Political Activity
	Application	Application of the Code of Judicial Conduct
502	Rules for Judicial Disciplinary Enforcement
	RULE 1	Purpose
	RULE 2	Terminology
	RULE 3	The Commission on Judicial Conduct
	RULE 4	Organization and Authority of the Commission
	RULE 5	Disciplinary Counsel
	RULE 6	Commission Counsel
	RULE 7	Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement
	RULE 8	Proof
	RULE 9	Civil Rules Applicable
	RULE 10	Right to Counsel
	RULE 11	Ex Parte Contacts
	RULE 12	Access to Disciplinary Information
	RULE 13	Immunity from Civil Suits
	RULE 14	Time, Service and Filing
	RULE 15	Oaths; Subpoena Power
	RULE 16	Judges Charged With or Convicted of a Crime
	RULE 17	Interim Suspension
	RULE 18	Notification to Complainant; Limited Right to Review
	RULE 19	Screening and Investigation
	RULE 20	Motion by Disciplinary Counsel to Re-Open Dismissed Complaints
	RULE 21	Discipline by Consent
	RULE 22	Formal Charges
	RULE 23	Answer
	RULE 24	Failure to Answer; Failure to Appear
	RULE 25	Discovery
	RULE 26	Hearing
	RULE 27	Review by Supreme Court
	RULE 28	Cases Involving Allegations of Mental or Physical Incapacity
502.1	Judges’s Oath
503	Advisory Committee on Standards of Judicial Conduct
504	Continuing Legal Education of the Judiciary
505	Judges' Disability and Retirement
506	Code of Conduct for Staff Attorneys and Law Clerks
	Canon 1	A Staff Attorney or Law Clerk Should Uphold the Integrity and Independence of the Judiciary and of His Office
	Canon 2	A Staff Attorney or Law Clerk Should Avoid Impropriety and the Appearance of Impropriety in All His Activities
	Canon 3	A Staff Attorney or Law Clerk Should Perform the Duties of His Office Impartially and Diligently
	Canon 4	A Staff Attorney or Law Clerk May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
	Canon 5	A Staff Attorney or Law Clerk Should Regulate His Extra-Official Activities to Minimize the Risk of Conflict with His Official Duties
	Canon 6	A Staff Attorney or Law Clerk Should Regularly File Reports of Compensation Received for Quasi-Official and Extra-Official Activities
	Canon 7	A Staff Attorney or Law Clerk Should Refrain From Certain Political Activity
	Canon 8	A Staff Attorney or Law Clerk Should Not Reveal the Confidences Gained in the Course of His Employment
507	Political Activity of Judicial Department Employees and Officers
508	Court Reporters
509	Certification of Magistrates
510	Continuing Legal Education For Magistrates and Municipal Judges
511	Rules of Professional Conduct for Court Interpreters
	PREAMBLE	PREAMBLE
	RULE 1	Accuracy and Completeness of Interpretation
	RULE 2	Representation of Qualifications
	RULE 3	Impartiality and Avoidance of Conflict of Interest
	RULE 4	Professional Demeanor
	RULE 5	Confidentiality
	RULE 6	Restriction of Public Comment
	RULE 7	Scope of Practice
	RULE 8	Assessing and Reporting Impediments to Performance
	RULE 9	Duty to Report Ethical Violations
	RULE 10	Professional Development
512	Mandatory Summary Court Judge Mentoring Program
VI. Rules Governing the Administration of the Courts
601	Conflicts in Hearing Dates
602	Defense of Indigents
603	Paper Size
604	Attorneys or Court Officers as Surety
605	Media Coverage of Court Proceedings
606	Retention and Disposition of Exhibits in the Circuit and Family Courts
607	Court Reporter Transcripts and Recordings
608	Appointment of Lawyers for Indigents
609	Rules Advisory Committee
610	Bulk Distribution of and Compiled Information From Judicial Records
611	Emergency Modification of Requirements of Court Rules
612	Use of Remote Communication Technology
613	Service by Electronic Means in the Trial Court
614	Electronic Signatures
APPENDIX TO PART VI
APPENDIX A		Defense of Indigents Forms
APPENDIX B		Media Coverage of Court Proceedings

I. Scope of Rules - One Form of Action
1	SCOPE OF RULES
2	ONE FORM OF ACTION
II. Commencement of Action: Service of Process, Pleadings, Motions and Orders
3	COMMENCEMENT OF ACTION
4	PROCESS
4.1	SERVICE OF PROCESS IN FOREIGN COUNTRIES
5	SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
6	TIME
III. Pleadings and Motions
7	PLEADINGS ALLOWED: FORM OF MOTIONS
8	GENERAL RULES OF PLEADING
9	PLEADING SPECIAL MATTERS
10	FORM OF PLEADINGS
11	SIGNING OF PLEADINGS; ATTORNEYS
12	DEFENSES AND OBJECTIONS-WHEN AND HOW PRESENTED-BY PLEADING OR MOTION-MOTION FOR JUDGMENT ON PLEADINGS
13	COUNTERCLAIM AND CROSS-CLAIM
14	THIRD PARTY PRACTICE
15	AMENDED AND SUPPLEMENTAL PLEADINGS
16	PRE-TRIAL PROCEDURE: FORMULATING ISSUES
IV. Parties
17	PARTIES PLAINTIFF AND DEFENDANT: CAPACITY
18	JOINDER OF CLAIMS AND REMEDIES
19	JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
20	PERMISSIVE JOINDER OF PARTIES
21	MISJOINDER AND NON-JOINDER OF PARTIES
22	INTERPLEADER
23	CLASS ACTIONS
24	INTERVENTION
25	SUBSTITUTION OF PARTIES
V. Depositions and Discovery
26	GENERAL PROVISIONS GOVERNING DISCOVERY
27	DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
28	PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN; DEPOSITIONS IN OUT-OF-STATE ACTIONS
29	STIPULATIONS REGARDING DISCOVERY PROCEDURE
30	DEPOSITIONS UPON ORAL EXAMINATION
31	DEPOSITIONS UPON WRITTEN QUESTIONS
32	USE OF DEPOSITIONS IN COURT PROCEEDINGS
33	INTERROGATORIES TO PARTIES
34	PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
35	PHYSICAL AND MENTAL EXAMINATIONS
36	REQUEST FOR ADMISSION
37	FAILURE TO MAKE OR COOPERATE IN DISCOVERY: SANCTIONS
VI. Trials
38	JURY TRIAL OF RIGHT
39	TRIAL BY JURY OR BY THE COURT
40	GENERAL DOCKET, TRIAL ROSTERS, AND CALL OF CASES FOR TRIAL
41	DISMISSAL OF ACTIONS; NON-SUIT
41.1	SEALING DOCUMENTS AND SETTLEMENT AGREEMENTS
41.2	PRIVACY PROTECTION FOR FILINGS
42	CONSOLIDATION; SEPARATE TRIALS
43	CONDUCT OF TRIAL
44	PROOF OF OFFICIAL RECORD; FOREIGN LAW
45	SUBPOENA
46	EXCEPTIONS UNNECESSARY
47	JURORS
48	JURIES OF LESS THAN TWELVE; MAJORITY VERDICT
49	SPECIAL VERDICTS AND INTERROGATORIES
50	MOTION FOR A DIRECTED VERDICT AND FOR JUDGMENT NOTWITHSTANDING THE VERDICT
51	INSTRUCTIONS TO JURY: OBJECTION
52	FINDINGS BY THE COURT
53	MASTERS AND SPECIAL REFEREES
VII. Judgment
54	JUDGMENTS: COSTS
55	DEFAULT
56	SUMMARY JUDGMENT
57	DECLARATORY JUDGMENTS
58	ENTRY OF JUDGMENT
59	NEW TRIALS; AMENDMENT OF JUDGMENTS
60	RELIEF FROM JUDGMENT OR ORDER
61	HARMLESS ERROR
62	STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
63	DISABILITY OF A JUDGE
VIII. Provisional and Final Remedies and Special Proceedings
64	REMEDIES FOR SEIZURE, REMEDIES NOT PROVIDED
65	INJUNCTIONS; MANDAMUS, HABEAS CORPUS, AND OTHER REMEDIAL WRITS
66	RECEIVERS
67	DEPOSIT IN COURT
68	OFFER OF JUDGMENT
69	EXECUTION
70	JUDGMENT FOR SPECIFIC ACTS: VESTING TITLE
71	FORECLOSURE AND PARTITION
71.1	POST-CONVICTION RELIEF ACTIONS
IX. Appeals and Arbitration
72	JUDGMENTS AND ORDERS SUBJECT TO APPEAL
73	PROCEDURE ON APPEAL TO SUPREME COURT OR COURT OF APPEALS
74	PROCEDURE ON APPEAL TO THE CIRCUIT COURT
75	RECORD ON APPEAL TO THE CIRCUIT COURT: TRANSMITTAL
76	ARBITRATION: AUTOMOBILE REPARATION
X. Courts and Clerks
77	COURTS AND CLERKS
78	CLERKS OF COURT: RECORDS, ABSTRACTS, BOOKS
79	CALENDAR OF CIVIL ACTIONS; FILE BOOK
80	STENOGRAPHIC REPORT OF TRANSCRIPT AS EVIDENCE
XI. General Provisions
81	APPLICABILITY
82	JURISDICTION AND VENUE
84	FORMS
85	TITLE; CRIMINAL PROCEDURE; RULES REPEALED
86	EFFECTIVE DATE
APPENDIX OF FORMS

I. Pretrial Matters
1	SHERIFF TO FILE AFFIDAVITS ON ARREST
2	PRELIMINARY HEARINGS
3	DISPOSITION OF ARREST WARRANTS
4	MOTIONS IN GENERAL
5	DISCLOSURE IN CRIMINAL CASES
6	RULE FOR CHEMICAL ANALYSIS AND CHAIN OF CUSTODY
7	CONTINUANCES
8	RESERVED
II. Trial
13	SUBPOENAS
14	TRIAL BY JURY
16	PRESENCE OF ACCUSED AT TRIAL
17	RESERVATION OF OBJECTIONS
18	ARGUMENT ON OBJECTIONS
19	DIRECTED VERDICT
20	INSTRUCTIONS
22	ADDRESSING THE JURY
23	SEPARATION OF JURY
24	EXPERT TESTIMONY
III. Post Trial Matters
28	AFFIDAVIT IN MITIGATION - HOW SUBMITTED
29	POST TRIAL MOTIONS
30	PROCESSING AND MAINTAINING BENCH WARRANTS
IV. General Provisions
35.	TIME
36	FORMS
37	APPLICABILITY
38	TITLE AND CITATION
39	RULES REPEALED
40	EFFECTIVE DATE
APPENDIX OF FORMS

I. General Provisions
1	TITLE
2	APPLICABILITY AND REPEALER
3	FORMS
II. Provisions Applicable to All Actions in Family Courts
6	FAMILY COURT RECORDS
7	ADMISSIBILITY OF CERTAIN DOCUMENTS
8	APPEARANCE OF COUNSEL
9	CONDUCT OF HEARINGS
10	JUDGES' ABSENCE FROM STATE
11	JURISDICTION OF JUDGE OF ADJOINING CIRCUIT
12	ATTORNEYS FOR GUARDIANS AD LITEM
13	BENCH WARRANTS
14	RULE TO SHOW CAUSE
III. Provisions Applicable to Domestic Relations Actions
16	CONTINUING JURISDICTION
17	FAILURE TO FILE ANSWER
18	FAILURE OF DEFENDANT TO COUNTERCLAIM FOR DIVORCE
19	LIS PENDENS
20	FINANCIAL DECLARATION
21	TEMPORARY RELIEF
22	INTERVIEW WITH CHILD
23	PRESENCE OR TESTIMONY OF CHILD
24	AUTOMATIC ENFORCEMENT OF CHILD SUPPORT AND PERIODIC ALIMONY
25	DISCOVERY
26	ORDERS
27	ENFORCEMENT OF VISITATION
28	GRANTING CERTAIN RELIEF WITHOUT A HEARING
IV. Provisions Applicable to Juvenile Actions
31	PRE-ADJUDICATORY DETENTION
32	DETENTION HEARING
33	TRANSFER OF VENUE
34	WAIVER HEARING
35	ADJUDICATORY HEARING
36	RIGHT TO COUNSEL
37	DISPOSITIONAL HEARING
V. Other Provisions
41	COUNSEL AND GUARDIAN AD LITEM FEES IN ABUSE AND/OR NEGLECT PROCEEDINGS
APPENDIX OF FORMS

1	Reuse of Tapes Used to Record Proceedings
2	Duty of Probate Judge
3	Procedures to be Handled in Processing Probate Matters, Maintaining Records, and Submitting Reports to the Court
4	Procedures for Ending Defunct Cases
5	Mediation

	SCOPE & PURPOSE
1	DEFINITIONS
2	APPLICATION OF STATUTORY LAW AND CIRCUIT COURT PRACTICE IN ABSENCE OF RULE
3	COMPUTATION OF TIME PERIODS
4	FILING CIVIL ACTION; ACTION AGAINST CORPORATION; LONG ARM STATUTE
5	COMPLAINT
6	SUMMONS; SERVICE
7	ANSWER AND COUNTERCLAIM; TIME FOR FILING
8	DELIVERY AND FILING OF PLEADINGS AND OTHER PAPERS
9	COUNTERCLAIM
10	TRIAL DATE; NOTICE; FAILURE TO ANSWER
11	DEFAULT JUDGMENT; DISMISSAL OF ACTION; DAMAGES
12	RELIEF FROM JUDGMENT OR ORDER
13	CONDUCT OF TRIAL; JURY TRIALS; WITNESSES; SUBPOENAS
14	AMENDMENT OF COMPLAINTS, ANSWERS, AND COUNTERCLAIMS; CONTINUANCES
15	EXCHANGE OF INFORMATION BETWEEN PARTIES; SETTLEMENT
16	DIRECTED VERDICT; JUDGMENT NOTWITHSTANDING THE VERDICT
17	COSTS; NOTICE OF JUDGMENT; ENFORCEMENT
18	APPEALS
19	NEW TRIAL; AMENDMENT OF JUDGMENTS
20	OFFER OF JUDGMENT; CONSEQUENCES OF NON-ACCEPTANCE
21	BUSINESS REPRESENTATION
22	ARGUMENTS ON MOTIONS AND AT TRIAL
23	SUBPOENAS
24	FORMS

1	Scope of Rules
2	Definitions
3	Actions Subject to ADR
4	Selection or Appointment of Neutral
5	The ADR Conference
6	Duties of the Parties, Representatives and Attorneys – Mediation
7	Authority and Duties of Mediators
8	Confidentiality
9	Compensation of Neutral
10	Sanctions
11	Duties of the Parties, Representatives and Attorneys – Arbitration
12	Non-Binding Arbitration Hearing and Award
13	Authority and Duties of Arbitrators
14	Description of Early Neutral Evaluation (ENE)
15	Procedure at Early Neutral Evaluation Conference
16	Duties of the Parties, Representatives and Attorneys - Early Neutral Evaluation
17	Authority and Duties of the Evaluator
18	Board of Arbitrator and Mediator Certification
19	Certification of Court-Appointed Neutrals
20	Approval of Training Programs
21	Standards of Conduct, Decertification and Discipline of Neutrals
22	Clerks of Court
23	Local Rule-Making
24	Application of Rules
APPENDIX A	Code of Ethics for Arbitrators
APPENDIX B	Standards of Conduct for Mediators
APPENDIX C	Alternative Dispute Resolution (ADR) Forms

Article I. General Provisions
101	Scope
102	Purpose and Construction
103	Rulings on Evidence
104	Preliminary Questions
105	Limited Admissibility
106	Remainder of or Related Writings or Statements
Article II. Judicial Notice
201	Judicial Notice of Adjudicative Facts
Article III. Presumptions in Civil Actions and Proceedings
301	Presumptions in General in Civil Actions and Proceedings
Article IV. Relevancy and Its Limits
401	Definition of Relevant Evidence
402	Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
403	Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
404	Character Evidence Not Admissible to Prove Conduct; Exception; Other Crimes
405	Methods of Proving Character
406	Habit; Routine Practice
407	Subsequent Remedial Measures
408	Compromise and Offers to Compromise
409	Payment of Medical and Similar Expenses
410	Inadmissibility of Pleas, Plea Discussions, and Related Statements
411	Liability Insurance
412	Admissibility of Evidence Concerning Victim''s Sexual Conduct in Criminal Sexual Conduct Cases
Article V. Privileges
501	General Rule
Article VI. Witnesses
601	Competency
602	Lack of Personal Knowledge
603	Oath or Affirmation
604	Interpreters
605	Competency of Judge as Witness
606	Competency of Juror as Witness
607	Who May Impeach
608	Evidence of Character, Conduct and Bias of Witness
609	Impeachment by Evidence of Conviction of Crime
610	Religious Beliefs or Opinions
611	Mode and Order of Interrogation and Presentation
612	Writing Used to Refresh Memory
613	Prior Statements of Witnesses
614	Calling and Interrogation of Witnesses by Court
615	Exclusion of Witnesses
Article VII. Opinions and Expert Testimony
701	Opinion Testimony by Lay Witnesses
702	Testimony by Experts
703	Bases of Opinion Testimony by Experts
704	Opinion on Ultimate Issue
705	Disclosure of Facts or Data Underlying Expert Opinion
Article VIII. Hearsay
801	Definitions
802	Hearsay Rule
803	Hearsay Exceptions; Availability of Declarant Immaterial
804	Hearsay Exceptions; Declarant Unavailable
805	Hearsay Within Hearsay
806	Attacking and Supporting Credibility of Declarant
Article IX. Authentication and Identification
901	Requirement of Authentication or Identification
902	Self-Authentication
903	Subscribing Witness'' Testimony Unnecessary
Article X. Contents of Writings, Recordings, and Photographs
1001	Definitions
1002	Requirement of Original
1003	Admissibility of Duplicates
1004	Admissibility of Other Evidence of Contents
1005	Public Records
1006	Summaries
1007	Testimony or Written Admission of Party
1008	Functions of Court and Jury
Article XI. Miscellaneous Rules
1101	Applicability of Rules
1102	Amendments
1103	Title and Effective Date

South Carolina Electronic Filing Policies and Guidelines Pilot Version-Common Pleas

1	Definitions
2	Scope and Participation
3	Authorization
4	E-Filing and E-Service
5	Signatures on E-Filed Documents
6	Signing and Entry of Court Orders and Judgments
7	Document Size and Formatting
8	Attachments and Exhibits
9	Technical Difficulties
10	Public Access and Sensitive Information
11	Miscellaneous

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Court Register Section:

I. Applicability and General Provisions
101	Scope and Title
102	Effective Date and Repealer
II. Rules of Appellate Practice
A. Appeals
201	Right to Appeal
202	Designation of Parties and Definitions
203	Notice of Appeal
204	Transfer of Cases
205	Effect of Appeal
206	Cases Involving Multiple Notices of Appeal
207	Transcript of Proceeding
208	Initial Briefs
209	Designation of Matter to be Included in the Record on Appeal
210	Record on Appeal
211	Final Briefs
212	Supplemental Record
213	Amicus Curiae Brief
214	Consolidation
215	Submission Without Oral Argument
216	Notice of Oral Argument
217	Motion to Argue Against Precedent
218	Oral Argument
219	Hearing or Rehearing of Cases by the Court of Appeals En Banc
220	Opinions
221	Rehearing and Remittitur
222	Costs On Appeal
223	Arbitration of Appeals
B. Petitions and Motions
240	Motions and Petitions Generally
241	Stay and Supersedeas in Civil Actions
242	Certiorari to the Court of Appeals
243	Certiorari to Review Post-Conviction Relief Actions
244	Certification of Questions of Law
245	Original Jurisdiction of the Supreme Court
246	Stay in Criminal Cases
247	Certiorari to Review DNA Testing Decisions
C. General Provisions
260	Dismissal and Reinstatement
261	Agreements and Settlements
262	Filing and Service
263	Time
264	Substitution of Attorneys and Guardians
265	Substitution of Parties
266	Subsequent Applications for Relief
267	Form of Papers
268	Citation of South Carolina Authority
269	Frivolous Appeals, Petitions, Motions or Returns
270	Forms
Appendices to Part II
Appendix A		Table of Comparative Rules
Appendix B		Appeals Chart
Appendix C		Forms
IV. Rules Governing the Practice of Law
401	Student Practice
402	Admission to Practice Law
403	Trial Experiences Certificate (Acrobat version)
404	Admission Pro Hac Vice Pro Hac Vice Application Form
405	Limited Certificate of Admission for In-House Counsel Application for a Limited Certificate to Practice Law (Word Version)
406	Disposition of Fees
407	Rules of Professional Conduct
	Preamble	A Lawyer's Responsibilities
	Scope
		Client-Lawyer Relationship
	RULE 1.0	Terminology
	RULE 1.1	Competence
	RULE 1.2	Scope of Representation and Allocation of Authority Between Client and Lawyer
	RULE 1.3	Diligence
	RULE 1.4	Communication
	RULE 1.5	Fees
	RULE 1.6	Confidentiality of Information
	RULE 1.7	Conflict of Interest: Current Clients
	RULE 1.8	Conflict of Interest: Current Clients: Specific Rules
	RULE 1.9	Duties to Former Clients
	RULE 1.10	Imputation of Conflicts of Interest: General Rule
	RULE 1.11	Special Conflicts of Interest for Former and Current Government Officers and Employees
	RULE 1.12	Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
	RULE 1.13	Organization as Client
	RULE 1.14	Client With Diminished Capacity
	RULE 1.15	Safekeeping Property
	RULE 1.16	Declining or Terminating Representation
	RULE 1.17	Sale of Law Practice
	RULE 1.18	Duties to Prospective Client
	RULE 1.19	Succession Planning
		Counselor
	RULE 2.1	Advisor
	RULE 2.2	Reserved
	RULE 2.3	Evaluation for Use by Third Persons
	RULE 2.4	Lawyer Serving as Third Party Neutral
		Advocate
	RULE 3.1	Meritorious Claims and Contentions
	RULE 3.2	Expediting Litigation
	RULE 3.3	Candor Toward the Tribunal
	RULE 3.4	Fairness to Opposing Party and Counsel
	RULE 3.5	Impartiality and Decorum of the Tribunal
	RULE 3.6	Trial Publicity
	RULE 3.7	Lawyer as Witness
	RULE 3.8	Special Responsibilities of a Prosecutor
	RULE 3.9	Advocate in Nonadjudicative Proceedings
		Transactions With Persons Other Than Clients
	RULE 4.1	Truthfulness in Statements to Others
	RULE 4.2	Communication with Person Represented by Counsel
	RULE 4.3	Dealing with Unrepresented Person
	RULE 4.4	Respect for Rights of Third Persons
	RULE 4.5	Threatening Criminal Prosecution
		Law Firms and Associations
	RULE 5.1	Responsibilities of Partners. Managers, and Supervisory Lawyers
	RULE 5.2	Responsibilities of a Subordinate Lawyer
	RULE 5.3	Responsibilities Regarding Non Lawyer Assistants
	RULE 5.4	Professional Independence of a Lawyer
	RULE 5.5	Unauthorized Practice of Law; Multijurisdictional Practice of Law
	RULE 5.6	Restrictions on Right to Practice
	RULE 5.7	Responsibilities Regarding Law Related Services
		Public Service
	RULE 6.1	Voluntary Pro Bono Publico Service
	RULE 6.2	Accepting Appointments
	RULE 6.3	Membership in Legal Services Organization
	RULE 6.4	Law Reform Activities Affecting Client Interests
	RULE 6.5	Nonprofit and Court Annexed Limited Legal Services Programs
		Lawyer Advertising
	RULE 7.1	Communication Concerning a Lawyer's Service
	RULE 7.2	Advertising
	RULE 7.3	Solicitation of Clients
	RULE 7.4	Communication of Fields of Practice and Specialization
	RULE 7.5	Firm Names and Letterheads
		Maintaining the Integrity of the Profession
	RULE 8.1	Bar Admission and Disciplinary Matters
	RULE 8.2	Judicial and Legal Officials
	RULE 8.3	Reporting Professional Misconduct
	RULE 8.4	Misconduct
	RULE 8.5	Disciplinary Authority; Choice of Law
408	Continuing Legal Education and Specialization
409	Resignation
410	South Carolina Bar
411	Lawyers' Fund for Client Protection
412	Interest on Lawyer Trust Accounts (IOLTA)
413	Rules for Lawyer Disciplinary Enforcement
	RULE 1	Purpose
	RULE 2	Terminology
	RULE 3	The Commission on Lawyer Conduct
	RULE 4	Organization and Authority of the Commission
	RULE 5	Disciplinary Counsel
	RULE 6	Commission Counsel
	RULE 7	Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement
	RULE 8	Proof
	RULE 9	Civil Rules Applicable
	RULE 10	Right to Counsel
	RULE 11	Ex Parte Contacts
	RULE 12	Access to Disciplinary Information
	RULE 13	Immunity from Civil Suits
	RULE 14	Time, Service and Filing
	RULE 15	Oaths; Subpoena Power
	RULE 16	Lawyers Charged With or Convicted of a Crime
	RULE 17	Interim Suspension
	RULE 18	Notification to Complainant; No Right to Review
	RULE 19	Screening and Investigation
	RULE 20	Motion by Disciplinary Counsel to Re-Open Dismissed Complaints
	RULE 21	Discipline by Consent
	RULE 22	Formal Charges
	RULE 23	Answer
	RULE 24	Failure to Answer; Failure to Appear
	RULE 25	Discovery
	RULE 26	Hearing
	RULE 27	Review by Supreme Court
	RULE 28	Cases Involving Allegations of Mental or Physical Incapacity
	RULE 29	Reciprocal Discipline and Reciprocal Incapacity Inactive Status
	RULE 30	Duties Following Disbarment or Suspension, or Permanent Resignation
	RULE 31	Order of Receivership
	RULE 32	Reinstatement Following a Definite Suspension of Less Than Nine Months
	RULE 33	Reinstatement Following a Definite Suspension for Nine Months or More or Disbarment
	RULE 34	Employment of Lawyers Who Are Debarred, Disbarred, Suspended, Transferred to Incapacity Inactive Status, or Permanently Resigned in Lieu of Discipline
	RULE 35	Resignation in Lieu of Discipline
414	Limited Certificate to Practice Law for Clinical Law Program Teachers
415	Limited Certificate of Admission for the Retired Attorney Pro Bono Participation Program
	Pro Bono Application
416	Resolution of Fee Disputes Board
	RULE 1	Creation
	RULE 2	Jurisdiction
	RULE 3	Appointment and Tenure
	RULE 4	Duties
	RULE 5	Appointment of the Executive Council
	RULE 6	Circuit Panel
	RULE 7	Hearing Panel
	RULE 8	Assigned Member
	RULE 9	Rule Exclusive Upon Consent
	RULE 10	Commencement of Proceedings
	RULE 11	Investigation by Assigned Member
	RULE 12	Schedule of Proceedings
	RULE 13	Proceedings of the Board
	RULE 14	Appointment of Hearing Panel
	RULE 15	Panel Hearings
	RULE 16	Voluntary Termination
	RULE 17	Hearing Panel
	RULE 18	Conflicts of Interest
	RULE 19	Compliance
	RULE 20	Appeals
	RULE 21	Proceedings Confidential
	RULE 22	Amendments to Rules
417	Financial Recordkeeping
	RULE 1	Recordkeeping Generally
	RULE 2	Client Trust Account Safeguards
	RULE 3	Availability of Records
	RULE 4	Dissolution of Law Firm or Sale of Law Practice
	RULE 5	Authorized Electronic Transfers
	RULE 6	No Bearer Items
418	Advertising and Solicitation by Unlicensed Lawyers
419	Administrative Suspensions
420	Chief Justice's Commission on the Profession
421	Certification of Attorneys in Death Penalty Cases Application For Certification as Lead Counsel for Death Penalty Defense (Word version) Application For Certification as Lead Counsel for Death Penalty Defense (Acrobat version)
422	Commission on Alternative Dispute Resolution
423	Certificates of Good Standing
424	Licensing of Foreign Legal Consultants
	Application for Certification as a Foreign Legal Consultant
425	Mandatory Lawyer Mentoring Program
426	Provision of Legal Services Following Determination of Major Disaster
427	Limited Certificate of Admission for Judge Advocates Judge Advocate Limited Certificate Application Notice of Appearance Form
428	Intervention To Protect Clients
429	Certification of Paralegals
430	Limited Certificate of Admission for Military Spouse Attorneys
	Military Spouse Attorneys Certificate Application
Appendices to Part IV
Appendix A		Rules of the Board of Law Examiners
Appendix B		Rules and Regulations of the Committee on Character and Fitness
Appendix C		Regulations for Mandatory Continuing Legal Education
Appendix D		Regulations for Legal Specialization
Appendix E		Regulations for Specialty Fields
Appendix F		Regulations for the Chief Justice's Commission on the Profession
Appendix G		Regulations for the Commission on ADR
Appendix H		Regulations for Certification of Paralegals
V. Rules Governing the Judiciary, Employees of the Judicial Department, and Others Assisting the Judiciary
501	Code of Judicial Conduct
	Preamble
	Terminology
	Canon 1	A Judge Shall Uphold the Integrity and Independence of the Judiciary
	Canon 2	A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of the Judge's Activities
	Canon 3	A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
	Canon 4	A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to Minimize the Risk of Conflict With Judicial Obligations
	Canon 5	A Judge or Judicial Candidate Shall Refrain From Inappropriate Political Activity
	Application	Application of the Code of Judicial Conduct
502	Rules for Judicial Disciplinary Enforcement
	RULE 1	Purpose
	RULE 2	Terminology
	RULE 3	The Commission on Judicial Conduct
	RULE 4	Organization and Authority of the Commission
	RULE 5	Disciplinary Counsel
	RULE 6	Commission Counsel
	RULE 7	Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement
	RULE 8	Proof
	RULE 9	Civil Rules Applicable
	RULE 10	Right to Counsel
	RULE 11	Ex Parte Contacts
	RULE 12	Access to Disciplinary Information
	RULE 13	Immunity from Civil Suits
	RULE 14	Time, Service and Filing
	RULE 15	Oaths; Subpoena Power
	RULE 16	Judges Charged With or Convicted of a Crime
	RULE 17	Interim Suspension
	RULE 18	Notification to Complainant; Limited Right to Review
	RULE 19	Screening and Investigation
	RULE 20	Motion by Disciplinary Counsel to Re-Open Dismissed Complaints
	RULE 21	Discipline by Consent
	RULE 22	Formal Charges
	RULE 23	Answer
	RULE 24	Failure to Answer; Failure to Appear
	RULE 25	Discovery
	RULE 26	Hearing
	RULE 27	Review by Supreme Court
	RULE 28	Cases Involving Allegations of Mental or Physical Incapacity
502.1	Judges’s Oath
503	Advisory Committee on Standards of Judicial Conduct
504	Continuing Legal Education of the Judiciary
505	Judges' Disability and Retirement
506	Code of Conduct for Staff Attorneys and Law Clerks
	Canon 1	A Staff Attorney or Law Clerk Should Uphold the Integrity and Independence of the Judiciary and of His Office
	Canon 2	A Staff Attorney or Law Clerk Should Avoid Impropriety and the Appearance of Impropriety in All His Activities
	Canon 3	A Staff Attorney or Law Clerk Should Perform the Duties of His Office Impartially and Diligently
	Canon 4	A Staff Attorney or Law Clerk May Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice
	Canon 5	A Staff Attorney or Law Clerk Should Regulate His Extra-Official Activities to Minimize the Risk of Conflict with His Official Duties
	Canon 6	A Staff Attorney or Law Clerk Should Regularly File Reports of Compensation Received for Quasi-Official and Extra-Official Activities
	Canon 7	A Staff Attorney or Law Clerk Should Refrain From Certain Political Activity
	Canon 8	A Staff Attorney or Law Clerk Should Not Reveal the Confidences Gained in the Course of His Employment
507	Political Activity of Judicial Department Employees and Officers
508	Court Reporters
509	Certification of Magistrates
510	Continuing Legal Education For Magistrates and Municipal Judges
511	Rules of Professional Conduct for Court Interpreters
	PREAMBLE	PREAMBLE
	RULE 1	Accuracy and Completeness of Interpretation
	RULE 2	Representation of Qualifications
	RULE 3	Impartiality and Avoidance of Conflict of Interest
	RULE 4	Professional Demeanor
	RULE 5	Confidentiality
	RULE 6	Restriction of Public Comment
	RULE 7	Scope of Practice
	RULE 8	Assessing and Reporting Impediments to Performance
	RULE 9	Duty to Report Ethical Violations
	RULE 10	Professional Development
512	Mandatory Summary Court Judge Mentoring Program
VI. Rules Governing the Administration of the Courts
601	Conflicts in Hearing Dates
602	Defense of Indigents
603	Paper Size
604	Attorneys or Court Officers as Surety
605	Media Coverage of Court Proceedings
606	Retention and Disposition of Exhibits in the Circuit and Family Courts
607	Court Reporter Transcripts and Recordings
608	Appointment of Lawyers for Indigents
609	Rules Advisory Committee
610	Bulk Distribution of and Compiled Information From Judicial Records
611	Emergency Modification of Requirements of Court Rules
612	Use of Remote Communication Technology
613	Service by Electronic Means in the Trial Court
614	Electronic Signatures
APPENDIX TO PART VI
APPENDIX A		Defense of Indigents Forms
APPENDIX B		Media Coverage of Court Proceedings