The South Carolina Bar has proposed amending Rule 43(k) of the South Carolina Rules of Civil Procedure (SCRCP) to permit counsel retained by an insurer to sign a mediated settlement agreement in place of a named party in certain instances.

The Court is considering submitting the Bar's proposed amendment to the General Assembly in accordance with Article V, Section 4A of the South Carolina Constitution. The proposed changes are set forth in the attachment. 

Persons or entities desiring to submit written comments should submit their comments to the following email address, rule43comments@sccourts.org, on or before December 6, 2021. Comments should be submitted as an attachment to the email as either a Microsoft Word document or an Adobe PDF document.

Columbia, South Carolina
November 18, 2021

(k) Agreements of Counsel. No agreement between counsel affecting the proceedings in an action shall be binding unless reduced to the form of a consent order or written stipulation signed by counsel and entered in the record, or unless made in open court and noted upon the record, or reduced to writing and signed by the parties and their counsel, or in the event of a settlement agreement involving payment by an insurer, the signature of counsel retained by an insurer on behalf of the Defendant(s) or third party administrator shall suffice in place of the signature of the insured party. Settlement agreements shall be handled in accordance with Rule 41.1, SCRCP.

Note to 2022 Amendment

The amendment to Rule 43(k) clarifies the existing practice in cases where plaintiff has waived the presence of the actual named defendant at a settlement conference and allows for more efficient enforcement of mediated settlements.