The Supreme Court of South Carolina

 

Re: New and Revised Circuit and Family Court Forms

 

 

ORDER

Pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution,

I find that Amendments to Rule 9, South Carolina Court Annexed Alternative Dispute Resolution (ADR) Rules were submitted to the General Assembly on January 29, 2021. Since ninety days have passed since submission without rejection by the General Assembly, the amendments are effective April 29, 2021.  As such, several circuit and family court forms require amendments. Additionally, the creation of several new forms are necessary to maintain statewide consistency in circuit and family courts. Members of the ADR Commission provided input on the amended and newly created forms which are listed below with explanation. Based on the foregoing,

 IT IS ORDERED that the following forms bearing a revision date of (4/2021) are amended and approved for use in circuit and family courts, effective April 29, 2021:

• SCCA 467 – Family Court Coversheet

Amended to require any application requesting exemption from payment of neutral fees be filed prior to scheduling ADR

• SCCA 234 – Civil Action Coversheet

Amended to require a certificate of exemption be filed when the civil action is initiated, to add language regarding types of exempted cases, and to clarify the process for exemption from payment of neutral fees

• SCADR 107 – Proof of ADR

Amended to change the title of the form from Mediation Report, to add language to include who was present and what matters were settled at the ADR conference, and to indicate that the mediator was appointed under the ADR rules

The following forms have been developed bearing a creation date of (4/2021) and are approved for use in circuit and family courts, effective April 29, 2021:  

• SCADR 104A – Proof of ADR
• SCADR 104B – Certificate of Exemption from ADR

Two forms are created to address proof and exemption of ADR in separate forms instead of one  

• SCADR 150C – Application for Waiver of Payment of Neutral Fees
• SCADR 150F – Application for Waiver of Payment of Neutral Fees

Two forms are created for consistency among circuit and family courts and to make the same waiver applicable in both courts  

The forms are available on the South Carolina Judicial Department website at http://www.sccourts.org/forms.

Columbia, South Carolina
April 29, 2021