Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch

At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury, but the court shall instruct the jury after the arguments are completed. No party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds for his objection. Opportunity shall be given to make the objection out of the hearing of the jury.


This is the language of Federal Rule 51. This Rule, as does the Federal Rule, requires the court to inform the lawyers of its proposed action on their requested instructions prior to argument. The language preserves Code ยง 15-27-100, opportunity to object to charge or request additional charge out of presence of the jury, and present Circuit Court Rule 11.