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Court Amends Rule 403, SCACR

By order dated March 26, 2007, the Supreme Court has amended Rule 403 of the South Carolina Appellate Court Rules regarding the trial experiences an attorney must complete before he or she may appear alone in a hearing, trial or deposition. Additionally, the Court has approved a new certificate for use with Rule 403.


2007-03-26-01

The Supreme Court of South Carolina

In re: Amendments to Rule 403, SCACR.


ORDER


The Rule 403 Subcommittee of the Chief Justice’s Commission on the Profession has proposed amendments to Rule 403, SCACR, which reduce the number of trial experiences required, but insure that the qualifying experiences are a valuable learning tool. The subcommittee has also proposed amendments to the provisions of the rule addressing attorneys admitted in another state, and law clerks and staff attorneys, to reflect the changes in the number of trial experiences required and, in the provision addressing attorneys admitted in another state, to clarify the manner in which proof of equivalent experience may be provided. Finally, the subcommittee has proposed a new provision addressing Judge Advocates.

Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby amend Rule 403, SCACR, as proposed by the Rule 403 Subcommittee of the Chief Justice’s Commission on the Profession. These amendments shall be effective immediately. All civil jury trial, criminal jury trial and family court trial experiences completed under the rule before the date it was amended will be credited as the equivalent, i.e., a civil jury trial, criminal jury trial or family court trial experience, under the rule as amended; however, all trial experiences completed on or after the date of this order must comply with the rule as amended. The amended rule is attached.

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
March 26, 2007

Certificate (Acrobat version)
Certificate (Word version)