The Supreme Court of South Carolina

Size: px

Start display at page:

Download "The Supreme Court of South Carolina"

Patience Randall
6 years ago
Views:

1 The Supreme Court of South Carolina RE: Amendments to the South Carolina Rules of Civil Procedure and South Carolina Rules of Family Court O R D E R Pursuant to Article V, 4 of the South Carolina Constitution, Rules 6, 7, 56 and 59 of the South Carolina Rules of Civil Procedure (SCRCP) are amended as shown in the attachment to this order. Additionally, Rules 2 and 21 of the South Carolina Rules of Family Court (SCRFC) are amended as shown in the attachment to this order. These amendments shall be submitted to the General Assembly as provided by Art. V, 4A of the South Carolina Constitution. IT IS SO ORDERED. s/ Jean H. Toal C.J. s/ Costa M. Pleicones J. s/ Donald W. Beatty J. s/ John W. Kittredge J. Columbia, South Carolina January 27, 2011 s/ Kaye G. Hearn J.

2 Amendments to the South Carolina Rules of Civil Procedure (1) Rule 6(d), SCRCP, is amended to read: (d) Motions, Returns, Replies and Supporting Documents; Compliance with Order Granting Motion. Subject to any enlargement under (b) above, motions, returns to motions, replies to returns, affidavits and other supporting documents shall be served and filed within the times specified by Rule 7(b). In all cases where a motion shall be granted on payment of costs or on the performance of any condition, or where an order shall require such payment or performance, the party whose duty it shall be to comply therewith shall have 20 days for that purpose, unless otherwise directed in the order. (2) Rule 7(b), SCRCP, is amended to read: (b) Motions and Other Papers. (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial in open court with a court reporter present, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. (2) Motions may be accompanied by affidavits, a supporting memorandum or other supporting documents. Any supporting affidavits, memorandum or other documents shall be served and filed with the motion. (3) If a return to the motion is to be made, it shall be served within 10 days of the service of the motion. The return may be accompanied by affidavits, a supporting memorandum, or other supporting documents. If so, the supporting affidavits, memorandum or other documents shall be served and filed with the return. The court may require a return and a supporting memorandum or other documents to be served and filed. (4) If a return is made to the motion, the moving party may serve a reply within 5 days of service of the return or prior to the hearing, whichever is earlier. A reply to a return is not required

3 by these rules. The reply may be accompanied by affidavits, a supporting memorandum or other supporting documents. If so, any supporting affidavits, memorandum or other documents shall be served and filed with the reply. The court may require a reply and a supporting memorandum or other documents to be served and filed. (5) A motion and a return to a motion shall contain the following information. If this information is not contained in the motion or return, it may be provided in a supporting memorandum. (A) A concise summary of the nature of the case; (B) A concise statement of the facts that pertain to the matter before the court; (C) A concise argument relating to the matter before the court for ruling with appropriate citations; (D) Where the return opposes a motion for summary judgment, a concise statement of the material facts in dispute shall be set forth; and, (E) Any special content required by these rules or law based on the nature of the motion. (6) The copy of a motion, return or reply filed with the court shall be accompanied by a proof of service showing that the document and any supporting affidavits, memorandum or other documents have been served on the opposing party. Filing shall be accomplished within the time specified by Rule 5(d). (7) Except for written motions that can be heard ex parte or where a different period is fixed by these rules or by an order of the court, no hearing shall be held on a motion until at least 20 days after the service of the motion on the opposing party. The clerk shall notify the parties of the hearing date. Unless a hearing is required by these rules or other law, nothing in this rule shall be construed as preventing the court from ruling on a motion without a hearing.

4 (8) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules. (3) Rule 56(c), SCRCP, is amended to read: (c) Motions and Proceedings Thereon. The motion, return and any reply, including any supporting affidavits or other documents, shall be served and filed in accordance with Rule 7(b). The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. (4) Rule 59(c) is amended to read: (c) Time for Serving Affidavits. When a motion for new trial is based upon affidavits, they shall be served and filed with the motion as required by Rule 7(b). The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. (5) The following note is added to the end of Rules 6, 7, 56 and 59: Note to 2011 Amendment Rules 6(d), 7(b), 56(c) and 59(c), were amended to more fully address the process for serving and filing motions, returns to motions and replies to returns.

5 Amendments to South Carolina Rules of Family Court (1) Rule 2(a), SCRFC, is amended to read: (a) Domestic Relations Actions. In addition to the rules set forth in Sections I, II and III of these Rules of Family Court, the South Carolina Rules of Civil Procedure (SCRCP) shall be applicable in domestic relations actions to the extent permitted by Rule 81, SCRCP. The following SCRCP, however, shall be inapplicable: 5(a) to the extent it does not require notice to a defendant of every hearing, 6(d) and 7(b) for proceedings involving temporary relief under Rule 21, SCRFC, 8(d) to the extent it provides that the failure to file a responsive pleading constitutes an admission, 12(b) to the extent it permits a 12(b)(6) motion to be converted to a summary judgment motion, 12(c), 13(j), 18, 23, 38, 39, 40(a & b), 42 to the extent it refers to trial by jury, 43(b)(1) to the extent it limits the use of leading questions to crossexamination, 43(i & j), 47, 48, 49, 50, 51, 54(c) to the extent it permits the court to grant relief not requested in the pleadings, 55, 56, 68, 69, 71, 72, 78, 79, and 84. (2) Rule 21(c), SCRFC, is amended to read: (c) Service of Affidavits. Affidavits filed at a temporary hearing need not be served on the opposing party prior to the temporary hearing.

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA. vs. Case No: ORDER ESTABLISHING MOTION PRACTICE PROCEDURE

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA Plaintiff, vs. Case No: 2017- Defendant. / ORDER ESTABLISHING MOTION PRACTICE PROCEDURE THIS CAUSE is before the Court