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South Carolina
Judicial Branch
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Amended Business Court Pilot Program

There will not be any Published Opinions or Advance Sheet this week.

The judges of the magisterial and municipal courts, hereinafter referred to as "summary courts," of South Carolina being a part of the uniform statewide judicial system and pursuant to the provisions of Article V, Section 4, of the South Carolina Constitution,

The Supreme Court has amended Rule 610, SCACR, which governs requests for bulk access to and compiled information from court records.

On November 1, 2017, the Supreme Court issued a request for written comments concerning proposed amendments to Rule 13(a) of the South Carolina Rules of Criminal Procedure. The written comments submitted to the Court are available for review on the Judicial Department Website.

The Study Committee on Electronic Recording of Custodial Interrogations will meet on Monday, December 11, 2017 at 2:00 p.m. in Room 207 of the L. Marion Gressette Building, located at 1101 Pendleton Street in Columbia, South Carolina. For more information, please contact Michelle Pinkney at (803) 734-1800.

Passing of Retired Chief Justice Ernest A. Finney Jr.

The Order issued November 27, 2017, has been amended to change the date of the start of E-Filing in Kershaw County from December 4, 2017, to December 5, 2017. Pursuant to the amended order, effective December 5, 2017, the E-Filing Pilot Program will expand to include Kershaw County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, Georgetown, Aiken, Barnwell, Bamberg, Lexington, Saluda, Edgefield, and McCormick Counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information about the Pilot Program and for training resources for attorneys and their staff, go to http://www.sccourts.org/efiling/.

Based on unforeseen technical issues, the October 30, 2017 Order expanding E-Filing to Richland County is rescinded. E-Filing is suspended in Richland County, and documents shall be filed in the Traditional manner in Richland County until further notice. This suspension affects Richland County only, and all other counties that have adopted E-Filing remain active in the system.

The South Carolina Judicial Department has announced a limited Technical Failure of the E-Filing System for November 15, 2017, for Richland County only in accordance with Section 9(b) of the South Carolina Electronic Filing Policies and Guidelines. This limited Technical Failure only affects filings in Richland County. All other E-Filing Counties remain online and available. 

Based on the continued inability of the vendor that processes credit card payments to properly administer the payment process, the South Carolina Judicial Department has announced a limited Technical Failure of the E-Filing System for November 14, 2017, in accordance with Section 9(b) of the South Carolina Electronic Filing Policies and Guidelines. This limited Technical Failure only affects filings that require payment of filing fees.

The Supreme Court is accepting written comments concerning a proposed amendment to the South Carolina Rules of Criminal Procedure.

Effective November 14, 2017, the E-Filing Pilot Program will expand to include Richland County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, Georgetown, Aiken, Barnwell, Bamberg, Lexington, Saluda, Edgefield, and McCormick Counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information about the Pilot Program and for training resources for attorneys and their staff, go to http://www.sccourts.org/efiling/.

IT IS ORDERED that each magistrate court of this State shall comply with the following financial recordkeeping standards.

Based on a request from the South Carolina Board of Paralegal Certification, the Court has amended Appendix H to Part IV, SCACR, to permit certified paralegals to carry forward up to ten hours of continuing paralegal education credits to the next certification year.

The Study Committee on Electronic Recording of Custodial Interrogations will meet on Wednesday, October 25, 2017 at 2:00 p.m. in Room 207 of the L. Marion Gressette Building, located at 1101 Pendleton Street in Columbia, South Carolina.

The Supreme Court has amended the E-Filing Policies and Guidelines to eliminate several documents from the list of exclusions based on recent system upgrades, and to include guidance concerning relief where a rejection affects the timeliness of a filing.

Effective October 12, 2017, several changes have been made to the E-Filing System, including the capability for attorneys to add additional parties (such as insurance carriers) to a case. Also, the notices of electronic filing (NEFs) will be saved in the case data and may be viewed or printed from the E-Filing Case History, or the Public Index website.

Effective October 10, 2017, the E-Filing Pilot Program will expand to include Edgefield and McCormick Counties in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, Georgetown, Aiken, Barnwell, Bamberg, Lexington, and Saluda Counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information about the Pilot Program and for training resources for attorneys and their staff, go to http://www.sccourts.org/efiling/.

The Study Committee on Electronic Recording of Custodial Interrogations will meet on Thursday, September 28, 2017 at 11:00 a.m. at the John C. Calhoun Building, located at 1220 Senate Street in Columbia, South Carolina.

The Court has amended Rule 268, SCACR, to provide further guidance for citing to South Carolina regulations and court rules.

Fourteenth Judicial Circuit Multi-Disciplinary Court

Order Regarding Hurricane Irma

Effective September 26, 2017, the E-Filing Pilot Program will expand to include Saluda County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, Georgetown, Aiken, Barnwell, Bamberg, and Lexington Counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information about the Pilot Program and for training resources for attorneys and their staff, go to http://www.sccourts.org/efiling/.

Filing of Opinions
(09/13/2017)

Due to the closure of the Supreme Court and Court of Appeals on Monday, opinions will be filed on Thursday, September 14, 2017, at 10:00 a.m.

Based on Richland County's decision to close its offices, the Supreme Court Building and the Calhoun Building, including the Court of Appeals, will be closed on Monday, September 11, 2017, and will not reopen until 10:00 a.m. on Tuesday, September 12, 2017.

Inclement Weather
(09/07/2017)

South Carolina Governor Henry McMaster has declared a "state of emergency" and the National Weather Service is predicting South Carolina may experience severe weather as a result of Hurricane Irma. This could result in the closure or delayed opening of state and local government offices.

Pursuant to the provisions of S.C. Const. Art. V, §4, I find that a total solar eclipse expected to be visible across South Carolina on Monday, August 21, 2017, may disrupt court operations statewide.

Effective September 5, 2017, the E-Filing Pilot Program will expand to include Lexington County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, Georgetown, Aiken, Barnwell, and Bamberg counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information about the Pilot Program and for training resources for attorneys and their staff, go to http://www.sccourts.org/efiling/.

Stay Issued Regarding Doe v. State, Opinion No. 27728 (S.C. Sup. Ct. filed July 26, 2017)

Statutory provisions for the distribution of revenue generated by the circuit courts, family courts, magistrates courts and municipal courts; fees and related charges of the registers of deeds

Statutory provisions for the distribution of revenue generated by the magistrate courts and municipal courts

Statutory provisions for the distribution of revenue generated by the circuit courts, and family courts; fees and related charges of the registers of deeds

IT IS ORDERED that the judges of the magisterial courts listed below be designated as Chief Judge or Associate Chief Judge for Administrative Purposes of the Summary Courts in the counties in which they hold office.

The Supreme Court has issued an order declining to adopt the American Bar Association's request to incorporate recent amendments to Rule 8.4 of the Model Rules of Professional Conduct within the South Carolina version of Rule 8.4. The Court has also published the comments it received concerning the proposal.

The South Carolina Judicial Department is accepting written comments from E-Filers concerning the current E-Filing Pilot Program in the Court of Common Pleas.

This order supersedes the April 21, 2010 and June 21, 2013 orders issued by the Chief Justice concerning lawyers who serve as members of the General Assembly and who at times are unable to appear in any court, deposition, or administrative hearing during the legislative session.

At the request of the South Carolina Bar, the Supreme Court has amended Rules 5.1 and 5.3 of the Rules of Professional Conduct, which are contained in Rule 407 of the South Carolina Appellate Court Rules. The amendments detail the responsibilities of a supervising lawyer who elects to employ a lawyer who has been suspended from the practice of law.

Opinions of the Supreme Court and Court of Appeals will not be filed until Thursday, May 11, 2017

Effective May 9, 2017, the E-Filing Pilot Program will expand to include Barnwell County and Bamberg County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, Georgetown, and Aiken counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information go to http://www.sccourts.org/efiling/.

Pursuant to the provisions of S.C. Const. Art. V § 4, the Motion for Case Assignment to the Business Court Program, bearing a revision date of 05/2017, is approved for use in the Circuit Courts of the State of South Carolina. BC Form 101 (05/2017) supersedes and replaces BC Form 101 bearing a revision date of 07/2014.

Rule 25 of the South Carolina Rules of Family Court has been amended.

Applications for Admission Based on an Existing Uniform Bar Examination Score

The results of the February 2017 Uniform Bar Examination administered in South Carolina were posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 28, 2017.

Request for Proposals to Publish the South Carolina Reports

The results of the February 2017 Uniform Bar Examination administered in South Carolina will be posted on the Bar Admissions Page at 4:00 p.m. on Friday, April 28, 2017.

The South Carolina Commission on Continuing Legal Education and Specialization has furnished the attached list of lawyers who have failed to file reports showing compliance with continuing legal education requirements, or who have failed to pay the filing fee or any penalty required for the report of compliance, for the reporting year ending in February 2017.

The Court has amended Appendix H to Part IV, SCACR, to add a third method of paralegal certification and to make changes to the process for accreditation of continuing paralegal education courses.

At the request of the Thirteenth Circuit Solicitor's Office, the Chief Justice has signed an order creating a substance abuse diversionary pilot program for non-violent offenders charged with general sessions criminal offenses in the Thirteenth Circuit.

Probate Form Changes
(04/19/2017)

Probate Form Changes

Effective April 25, 2017, the E-Filing Pilot Program will expand to include Aiken County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, Horry, and Georgetown counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information go to http://www.sccourts.org/efiling/.

Inclement Weather
(04/05/2017)

The National Weather Service is predicting that the State of South Carolina may experience severe weather conditions today and tomorrow. This could result in the closure or delayed opening of state and local government offices.

The Court has approved an amendment to Section 9.4(b) of the South Carolina Bar Constitution that was submitted by the South Carolina Bar.

At the request of the South Carolina Bar, the Court has amended Rule 410, SCACR, to reclassify certain federal administrative law judges as Administrative Law Judge Members by eliminating the requirement that those judges primarily perform their duties in South Carolina.

Court Amends Rule 430
(03/29/2017)

Amendment to the South Carolina Appellate Court Rules

Effective March 28, 2017, the E-Filing Pilot Program will expand to include Georgetown County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, Colleton, and Horry counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information go to http://www.sccourts.org/efiling/.

The Supreme Court has amended Rule 420, SCACR, to eliminate a reference to the Bridge the Gap Program because it is no longer offered as a live program.

The Supreme Court of South Carolina is accepting written comments concerning whether Rule 8.4 of the Model Rules of Professional Conduct should be adopted in South Carolina by amending Rule 8.4 of the South Carolina Rules of Professional Conduct, contained in Rule 407 of the South Carolina Appellate Court Rules. Written comments should be emailed as attachments in Microsoft Word or Adobe PDF to the email address listed in the notice. The deadline to submit written comments is March 29, 2017.

The Supreme Court has amended Rule 607(i), SCACR, to enlarge the time a court reporter is required to retain recordings of proceedings if a party orders the transcript.

Effective March 14, 2017, the E-Filing Pilot Program will expand to include Horry County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, Allendale, and Colleton counties. E-Filing in the Court of Common Pleas is mandatory for attorneys in Pilot counties unless the type of case or the type of filing is excluded from the Pilot Program in accordance with the South Carolina Electronic Filing Policies and Guidelines. For more information go to http://www.sccourts.org/efiling/.

Revised Judgment in a Civil Case Form (SCRCP Form 4C)

Amended Designation of Business Court Judges

The South Carolina Bar has furnished the attached list of lawyers (including those holding a limited certificate to practice law) who have failed to pay their license fees for 2017.

The Honorable Roger M. Young, Sr. shall continue to serve as the Chief Business Court Judge for Administrative Purposes.

Amended Business Court Pilot Program

Judicial Elections
(02/01/2017)

Judicial elections were held February 1, 2017.

Pursuant to Article V, § 4A of the South Carolina Constitution, an order amending Rule 25 of the South Carolina Rules of Family Court was submitted to the South Carolina General Assembly on January 30, 2017.

Oral Argument in the case of Tom Davis, individually, et al. v. Hugh K. Leatherman, Sr., et al., has been cancelled

Effective February 7, 2017, the E-Filing Pilot Program will expand to include Colleton County in addition to Clarendon, Sumter, Lee, Williamsburg, Greenville, Pickens, Spartanburg, Cherokee, Anderson, Oconee, Beaufort, Jasper, Hampton, and Allendale counties.

Clerk of Court and Register of Deeds Advisory Committee

The Investiture Ceremony for Chief Justice Donald Beatty was held on Friday, January 6, 2016 at 3:00 pm at the Supreme Court

The Supreme Court issues order regarding the legal rate of interest on money decrees and judgments.

IT IS ORDERED that the judges of the magisterial courts listed below be designated as Chief Judge or Associate Chief Judge for Administrative Purposes of the Summary Courts in the counties in which they hold office.

The Opinions of the Supreme Court and the Advance Sheets will be posted at 10:00 a.m, on Thursday, January 5, 2017.