The Supreme Court of South Carolina

RE: Amendments to the South Carolina Appellate Court Rules

ORDER

Pursuant to Article V, § 4, of the South Carolina Constitution, the South Carolina Appellate Court Rules (SCACR) are amended as follows:

(1) Rule 244(b), SCACR, is amended to read:

(b) Procedure.  The certification order shall be signed by the presiding judge or the chief judge, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal.  A certification order shall set forth the questions of law to be answered, all findings of fact relevant to the questions certified, and a statement showing fully the nature of the controversy in which the questions arose. The Supreme Court will not consider any documents or other evidentiary materials unless the certifying court has submitted those materials.  The Supreme Court may request the original or copies of all or of any portion of the record before the certifying court to be filed with the Court, if, in the opinion of the Supreme Court, the record or a portion thereof may be necessary in deciding to accept or in answering the questions.  In the event a party believes that additional materials from the record before the certifying court are necessary, it shall notify the Supreme Court and the certifying court so that the certifying court can determine if the additional materials will be submitted.

(2) Paragraphs (d)-(g) of Rule 244, SCACR, are re-designated as Paragraphs (e)-(h) of that rule.

(3) Rule 244(d), SCACR, is added as follows:

(d) Pro Hac Vice Admission.  Within fifteen (15) days of the date of the order of the Supreme Court agreeing to answer the certified question(s), any counsel representing a party before the certifying court who is not licensed to practice law in South Carolina and who desires to participate in the proceedings before the Supreme Court, shall make a motion to be admitted pro hac vice and file the  application required by Rule 404, SCACR.  In recognition of the unique nature of the proceedings under this rule, a counsel representing a party before the certifying court may be admitted pro hac vice without associating South Carolina counsel and without paying the application fee required by Rule 404.  In all other respects, the motion and application must fully comply with the requirements of Rules 240 and 404, SCACR.

These amendments shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.

Columbia, South Carolina
January 15, 2014