| 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
Bar Application (Word version) (February 2012 Use Only)
Supplemental Application (February 2012 Use Only)
Bar Application (Word version) (July 2012 Use Only)
Supplemental Application (July 2012 Use Only)
Character Affidavit (Acrobat version)
Law School Verification (Acrobat version) |
| 403 | Trial Experiences
Certificate (Acrobat version) |
| 404 | Admission Pro Hac Vice
PDF Application Form
Word 2000 Application |
| 405 | Limited Certificate of Admission to Practice Law in South Carolina
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 |
| | | 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 | Direct Contact with Prospective Clients |
| | RULE 7.4 | Communication of Fields of Practice and Specialization |
| | RULE 7.5 | Firm Names and Letterheads |
| | 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; Differed 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 Compaints |
| | 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 |
| | RULE 31 | Appointment of Attorney to Protect Client's Interests |
| | 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 Disbarred or Suspended Lawyers |
| 414 | Limited Certificate to Practice Law for Clinical Law Program Teachers |
| 415 | Limited Certificate of Admission for the Retired Attorney Pro Bono Participation Program |
| 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 |
| 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 |
| 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 |
| 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 Tapes |
| 608 | Appointment of Lawyers for Indigents |
| 609 | Rules Advisory Committee |
| APPENDIX TO PART VI |
| APPENDIX A | Defense of Indigents Forms |
| APPENDIX B | Media Coverage of Court Proceedings |