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The Supreme Court of South Carolina

Request for Written Comments and Notice of Public Hearing on
Proposed Amendments to the South Carolina Rules of Civil Procedure

The South Carolina Bar has filed a petition to amend Rule 6 of the South Carolina Rules of Civil Procedure (SCRCP).  A copy of this petition is attached.  The Rules Advisory Committee has recommended approval of this rule change.

Additionally, Court staff has prepared possible alternative amendments to Rules 6 and 7, SCRCP.  These amendments would incorporate some of the language and practice from the Local Federal Rules for the District of South Carolina regarding supporting memoranda and other documents, and would define the process and timing of filing of returns and replies to motions, and holding hearings on motions.  A draft of these amendments is attached.1

Persons or entities desiring to submit written comments regarding these proposed amendments may do so by filing an original and seven (7) copies of their written comments with the Supreme Court.  The written comments must be sent to the following address:

The Honorable Daniel E. Shearouse
Clerk of Court
Supreme Court of South Carolina
P.O. Box 11330
Columbia, South Carolina 29211

The Supreme Court must receive any written comments by Tuesday, December 29, 2009.  Additionally, the Court requests that an electronic version of the comments in Microsoft Word or WordPerfect be e-mailed to by that same date.

The Court will hold a public hearing regarding this matter on Tuesday, January 5, 2010, at 3:00 p.m. in the Supreme Court Courtroom in Columbia, South Carolina.  Those desiring to be heard shall notify the Clerk of the Supreme Court no later than Tuesday, December 29, 2009. 

Columbia, South Carolina
December  9, 2009

1 If ultimately adopted, these proposed amendments may also require changes to other rules such as Rules 56(c) and 59(c), SCRCP.