The Supreme Court of South Carolina
MEMORANDUM
TO: Circuit
Court Judges
Family Court Judges
Masters-In-Equity
Clerks of Court
Members of the Bar
FROM: The
Honorable Jean H. Toal
RE: Motion
Fee -- Update to Memorandum Issued August 16, 2002
DATE: January 15, 2003
Effective July 1, 2002, Act
No. 329 of 2002 amended the Code of Laws by adding § 8-21-320, which
requires a fee of $25.00 to be collected for every motion made in the Court of
Common Pleas and Family Court. The fee does not apply to
family court juvenile delinquency proceedings, nor to family court matters
involving rules to show cause in child and spousal support matters. The legislation also exempts certain matters
involving indigents as provided in the Order of the Chief Justice dated June
26, 2002. The fee shall not be
imposed on any motions in the Court of General Sessions. The revenues from the motion fee must be
separately transmitted to the state treasurer to be used exclusively by the
Judicial Department.
Rule
7(b)(1), SCRCP generally provides that all motions must be made in open
court or in writing. All written, filed
motions that fall into this definition and do not fall under the exceptions
stated in the paragraph above require the $25.00 fee. All matters traditionally exempt from a filing fee do not carry
the $25.00 fee on motions subsequently made in those cases. In those instances where it is not clear
whether the motion fee applies, the applicable statute or rule should serve as
a guide. If the word application,
petition, motion, or affidavit appears in the statute or rule and no exemption
applies, the motion fee should be assessed.
On August 16, 2002, I issued a memorandum concerning
this matter. After reviewing numerous
suggestions from the Bar and court personnel, I present you with an updated
listing as a guide to promote uniformity in the application of the $25.00
motion fee. These changes are effective
as of today’s date and shall not be retroactively applied. We will continue to
monitor the situation, and inform you of any additions or changes to this list. If you have any questions or suggestions,
please contact Court Administration at (803) 734-1800. [1]
1.
Motion
for Court Approved Settlement: $25.00.
2.
Motion
for Release of Counsel: $25.00.
3.
Consent
Orders: $25.00. (See Rule
43(k), SCRCP; See also C.14 for special circumstance).
4.
Supplemental
Pleadings: Rule
15(d), SCRCP: $25.00.
5. Motion for Default Judgment: Rule
55, SCRCP: $25.00, regardless of
whether damages are liquidated or unliquidated. No further fee required if proposed order presented ten days
later.
a.
Motion
to Set Aside Default: Rule
55(c), SCRCP: $25.00.
6. Motion for New Trial: Rule
59, SCRCP: $25.00, if made in
writing after the conclusion of the trial.
7. Motion to Alter or Amend Judgment: Rule
59(e): $25.00, if made in writing
after the conclusion of the trial.
8.
Motion
to Amend a Motion: $25.00.
9.
Motion
to Intervene: Rule
24, SCRCP: $25.00.
10. Motion Requesting Physical and/or Mental Examination:
Rule 35, SCRCP: $25.00.
11.
Motion
for Amendment of Judgment: Rule
52(b), SCRCP:
$25.00.
12.
Motion
for Summary Judgment: Rule
56, SCRCP: $25.00.
13.
Motion
for Relief from Judgment or Order: Rule
60, SCRCP:
$25.00.
14.
Motion
for Seizure of Person or Property: Rule
64, SCRCP:
$25.00
15.
Motion
for Execution or Assistance: Rule
70, SCRCP: $25.00.
16.
Motion
for Appointment of Receiver: Rule
66, SCRCP: $25.00.
17.
Single
Motion Applied to Multiple Cases:
$25.00 Per Case.
18.
Subsequent
Motions to Master: $25.00.
19.
Motion
to Restore to Active Docket After Bankruptcy:
$25.00.
20.
Motion
for Order Updating Judgment Figures due to Stay Caused by Bankruptcy: $25.00.
21.
Motion
for Admission Pro Hac Vice: Rule
404, SCACR: $25.00 Per Case.
22.
Rule
to Show Cause in Family Court for Non-Payment of Previously Court Ordered
Fees: $25.00.
23.Motion to Reduce or Increase Child Support: $25.00.
1. Motion for Referral to Master: Rule 53, SCRCP: If referred to Master by Motion or Consent of Parties: $25.00. If referred to Master by Motion of Court: No Fee.
a. § 14-11-310 requires various fees to be collected in Master’s Court and retained by County. These fees will be collected in addition to the motion fee.
2.
Supplemental
Proceedings: If conducted in the Court
of Common Pleas: $25.00. If conducted
by Master, refer to #1 above.
3.
Amendment
of Pleadings: Rule
15(a), SCRCP: When leave of Court
is required: $25.00. With consent of both parties and without leave of court:
No Fee.
4.
Third
Party Practice: Rule
14, SCRCP: Defendant as Third Party
Plaintiff bringing in Non-Party, if done within ten days after service of
original answer: No Charge. After ten days with leave of Court: $25.00.
5.
Joinder,
Permissive Joinder, Misjoinder, and Non-Joinder of Parties: Rules 19,
20,
and 21,
SCRCP: If by Motion of Party: $25.00.
If by Motion of the Court: No Fee.
6.
Depositions
before Action or Pending Appeal: Rule
27, SCRCP: If by Petition of
Party: $25.00.
7.
Depositions
Upon Oral Examination: Rule
30, SCRCP: If leave of Court
required: $25.00.
8.
Motion
for Dismissal: Rule
41, SCRCP.
a.
(a)(1)(A):
By Plaintiff by Stipulation, without leave of Court: No Fee.
b.
(a)(1)(B): By Stipulation with Consent of both Parties
without Leave of Court: No Fee.
c.
(a)(2):
By Order of Court: $25.00.
d. (b): Involuntary Dismissal, Non-Suit: $25.00. If made in open
court during trial: No Fee.
9.
Motion
to Consolidate or Sever: Rule
42, SCRCP: If requested by
Party: $25.00 (Only one Fee regardless
of number of Cases). Upon Court’s own
Motion: No Fee.
10.
Rule
65, SCRCP: All actions contained in
the Rule require separate filing fees; subsequent Motions in same action: $25.00.
11. Motion to Enforce Settlement:
$25.00, but may be shifted to other Party by judge.
12.
Motion
to Compel: Rule
26, SCRCP: $25.00, but may be
shifted to other Party by judge.
13.
Rule
40, SCRCP
a.
(a): Request for Jury or Non-Jury in
Pleadings: No Charge.
b.
(c): Transfer to Jury Trial Roster by
Agreement: $25.00.
c.
(d): Objection to Transfer: $25.00.
d.
(e): Request Transfer to Jury Roster Nine Months
to Twelve Months after Filing: $25.00.
e.
(g): Motion to Strike from Jury Trial
Roster: $25.00.
f.
(i): Continuance: $25.00.
g.
(j): Requires New Filing Fee and New Case
Number: No Motion Fee.
h.
(k): Alternate Method of Transfer to Jury
Roster: $25.00.
14. Motion for Order of Protection from Discovery; Motion to
Quash: Rules 24,
37,
and 45,
SCRCP: $25.00, but may be assessed to
other Party by judge.
15.
Motion
for Temporary Relief in Family Court: Rule
21, SCRFC: $25.00. This Motion may include numerous standard
forms of relief, such as temporary custody, visitation, support, etc. However, only one fee charged.
16.
Matters
Involving Rule to Show Cause in Court Ordered Custody and Visitation
Cases: $25.00.
17.
Motion
for Appointment of Guardian ad Litem:
$25.00. If by Motion of
Court: No Fee.
18.
Motion
to Restore to Active Docket in Family Court:
$25.00, but no Fee if Filed by State Agency or if Indigency Case.
19.
Motion
for Substitution of Counsel: If in
attorney appointed case: No fee. Otherwise:
$25.00.
20.
Motion
for Order of Continuance: $25.00. If requested pursuant to Rule
601, SCACR, conflict in hearing dates: No fee.
21.
Rule
50, SCRCP.
a. Motion for Directed Verdict:
No fee.
b.
Motion
for Judgment Notwithstanding the Verdict if reduced to writing: $25.00.
If made orally in open court: No fee.
c.
Motion
for New Trial if reduced to writing:
$25.00. If made orally in open
court: No fee.
22. Rule
12, SCRCP Motions: If presented in
an answer: No fee. If made by separate
motion: $25.00.
1. No Fees Shall be Charged for any Motions in the Court of General Sessions.
2. Motions for Orders of Protection of Attorneys from Court Appearances: No Fee.
3. Sexually Violent Predator Cases: Regulation exempts filing fee. No subsequent Motion Fees.
4.
General
request for Subpoena: No Fee.
5.
Matters
Involving Rules to Show Cause for Spousal Support: No Fee. No Subsequent
Motion Fees.
6.
Matters
Involving Rules to Show Cause for Child Support: No Fee. No Subsequent
Motion Fees.
7.
Juvenile
Delinquency Matters in Family Court: No
Fee. No Subsequent Motion Fees.
8.
Matters
Involving Indigency in Common Pleas or Family Court where a Party has been
allowed to proceed without costs. No
Subsequent Motion Fees for that Party.
9.
Matters
Involving Orders of Protection from Domestic Abuse: No Fee. No Subsequent
Motion Fees.
10.
Matters
Involving Abuse and Neglect: No
Fee. No Subsequent Motion Fees.
11.
Execution
on Judgment: Rule
69, SCRCP: No Fee.
12.
Matters
Involving State Agency v. Party Granted Indigent Status Pursuant to Rule
3(c), SCRCP: No Fee for either party.
13.
Motion
for Stay Due to Bankruptcy: No Fee.
14.
Consent
Order filed resolving Motion on which the Fee has been paid: No Additional Fee.
15.
Anything
Contained in an Answer: No Fee.
16.
Motion
for Request for Jury Instruction: Rule
51, SCRCP: No fee.
17.
Collateral
Matters Contained in Rules to Show Cause and Support Cases: No Fee if Relief is directly related to
Defendant’s Non-Payment of Child or Spousal Support.
18.
Motion
for Order of Publication: §
15-9-710: No Fee.
18. Motion
for Substitution of Parties: Rule
25, SCRCP: No Fee.
19. Post-Conviction
Relief: No Fee.
20.
Rule
43, SCRCP
a.
Rule
43(j): Motion for Right to Open and
Close: No Fee.
b.
Rule
43(k): Agreement of Counsel, Consent
Order or Written Stipulation made in Court: No Fee.
JHT/amh