Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch


(a) Grounds for Motion. On motion of the defendant or on its own motion, the court shall direct a verdict in the defendant's favor on any offense charged in the indictment after the evidence on either side is closed, if there is a failure of competent evidence tending to prove the charge in the indictment. In ruling on the motion, the trial judge shall consider only the existence or non-existence of the evidence and not its weight.

(b) Defendant's Right to Present Evidence. If a defendant's motion for directed verdict at the close of the evidence offered by the State is not granted, the defendant may offer evidence without having reserved the right.

(c) Submission of Case to Jury. Submission of any charge to the jury shall constitute a denial of any motion for directed verdict previously made by the defendant and not ruled upon.


This is substantially the substance of Circuit Court Rule 76. The language is taken from Rule 29(a), Fed. R. Crim. P. and the common law.