South Carolina Appellate Lawyer

Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matters

Christian Stegmaier — Sun, 02 Oct 2011 02:57:41 +0000

On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C. The new Form 4C, which can be found here at http://www.sccourts.org/forms/, has been revised to permit chambers/clerks to provide clearer/greater detail about the disposition (e.g., prevailing party, amount of verdict) so as to ensure this information makes its way to the public index. Use of the new Form 4C will become mandatory on October 17, 2011.

Click here for the administrative order dated September 22, 2011: http://www.sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=766

Re-Rolling Out South Carolina Appellate Lawyer

Christian Stegmaier — Sun, 02 Oct 2011 02:38:46 +0000

I’ve spent the day re-reading the Advance Sheets from the last several months. While reviewing the recent decisions of our Court of Appeals and Supreme Court, I thought about South Carolina Appellate Lawyer and regretted that I had let it do into dormancy. I truly love appellate advocacy and enjoy reading/analyzing the cases that emanate from our appellate courts. To that end, I resolved to resurrect South Carolina Appellate Lawyer and make it go-to reading for folks wanting to know what’s up in Columbia re: appellate decisions.

Keep it locked here for up-to-date news and reviews of appellate goings on.

Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet

Christian Stegmaier — Thu, 31 Dec 2009 18:47:58 +0000

In conjunction with the development of the Family Court Case Management System and the Child Support Enforcement System, the Family Court Coversheet has been revised to improve statistical information and reporting in Family Court. Click this link for more specifics regarding these important revisions:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=614

Supreme Court Receives Comments Regarding Proposed Criminal Rules

Christian Stegmaier — Thu, 31 Dec 2009 18:43:06 +0000

The South Carolina Supreme Court has sought and received comments regarding proposed Criminal Rules. Click here for a link to the comments the Court received:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=612

Supreme Court Receives Comments Regarding Proposed Changes to Rule 6, SCRCP

Christian Stegmaier — Thu, 31 Dec 2009 18:38:47 +0000

On June 22, 2009, the South Carolina Bar petitioned the Supreme Court to consider amendments to Rule 6 of the South Carolina Rules of Civil Procedure. Specifically, the petitioners sought the Court’s consideration to require counsel to file supporting memoranda along with motions and to file opposing supporting memoranda prior to hearing. This change in the rule would make motions practice in state court concordant with how motions are handled in federal court. Currently, there is no requirement to file memoranda and there is no requirement that if memoranda are filed, they be filed prior to hearing. Often, counsel will appear at a hearing and provide his or her memorandum minutes/seconds before the judge takes up the motion.

Following receipt of this petition, the Supreme Court sought comments regarding the proposal to amend this rule. Numerous members of the Bar responded. These comments are compelling and interesting, both for and against the proposed changes. On December 31, 2009, the Court reported to the public regarding the comments it received. Click here for a link to these comments:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=613

Advance Sheets: December 21, 2009

Christian Stegmaier — Mon, 28 Dec 2009 20:16:26 +0000

Click this link for the newest orders and published decisions of the South Carolina Supreme Court and South Carolina Court of Appeals:

http://sccourts.org/opinions/advSheets/no552009.pdf

Supreme Court Issues Pronouncement re: Rule 608, SCACR

Christian Stegmaier — Mon, 28 Dec 2009 19:53:55 +0000

As reported by the Supreme Court on December 17, 2009:

In 2009, the South Carolina Bar submitted proposed amendments to Rule 608, SCACR. The Court declined to amend the rule as requested by the Bar; however, the Court requested the South Carolina Access to Justice Commission study Rule 608 and determine whether amendments to the rule were necessary.

The Access to Justice Commission formed a study group, which made numerous recommendations concerning amendments to Rule 608. The Commission believes its proposed amendments will create a more equitable system of appointments. After review, the Court has elected to adopt a number of the recommended amendments. Specifically, the Court has redrawn the regional list from which attorneys may be selected to assist in handling appointments in other counties; reduced the number of appointments an attorney may be required to handle in an appointment year; raised the age exemption for attorneys to increase the pool of available lawyers; permitted lawyers to attend certain hearings by telephone or videoconference; and amended Rule 608(i) to require more detailed and specific reporting of the numbers and types of appointments by clerks of court to the Bar.

The Court is mindful of the burden placed on some attorneys where appointments are required. Therefore, the Court will continue to analyze and scrutinize appointments in the trial courts to determine whether further changes to the rule are necessary. The Court believes strongly that the amendments to Rule 608(i), which require more detailed statistics concerning appointments, will aid the Court in determining whether further changes are necessary.

Rule 608, SCACR, is amended as set forth in the attachment to this Order. The changes are effective July 1, 2010, the start of the next reporting year.

Click here for the complete order of the Supreme Court: http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=609

Supreme Court Issues New Directive Concerning Rule 412, SCACR

Christian Stegmaier — Mon, 28 Dec 2009 19:49:15 +0000

As reported by the Supreme Court on December 17, 2009:

The South Carolina Bar Foundation has proposed amending Rule 412, SCACR, which governs Interest on Lawyer Trust Accounts (IOLTA), to establish a more specific comparable interest rate rule for trust accounts governed by Rule 412. Following a public hearing, the Bar Foundation and the South Carolina Bankers Association agreed to a number of amendments, including a benchmark rate within Rule 412(c)(2)(B). The parties also agreed to a six month implementation period, so that financial institutions who choose to participate in IOLTA have sufficient time to implement changes to accounts and upgrade automated systems.

We grant the Bar Foundation’s request to amend Rule 412, SCACR, as set forth in the attachment to this Order. The amendments shall be effective June 15, 2010.

Click here for the amended Rule 412, SCACR:

http://sccourts.org/whatsnew/displayWhatsNew.cfm?indexId=608

Court of Appeals: Roster of Cases for Hearing – January 2010

Christian Stegmaier — Mon, 28 Dec 2009 19:39:57 +0000

Follow this link for a roster of cases set for argument before the South Carolina Court of Appeals in January 2010:

http://sccourts.org/appeals/dspCOARosterMenu.cfm?CurrentDate=01/28/2010

Supreme Court: Roster of Cases for Hearing – January 2010

Christian Stegmaier — Mon, 28 Dec 2009 19:35:24 +0000

Follow this link for a roster of cases set for argument before the South Carolina Supreme Court in January 2010:

http://sccourts.org/supreme/dspSupRosterMenu.cfm?CurrentDate=01/28/2010