In re Civil Motions Pilot Program

Summary

The Supreme Court of South Carolina established a Civil Motions Pilot Program in the Third and Fifteenth Judicial Circuits. The order requires supporting materials with motions, sets briefing deadlines and page limits, permits resolution without oral argument in specified circumstances, and directs that motions generally be resolved within 90 days.

Holdings

1. The Supreme Court established a civil motions pilot program in the Third and Fifteenth Judicial Circuits, effective for motions filed on or after October 1, 2015, and adopted the procedures set forth in the order.
2. In the pilot circuits, written motions generally must be filed and served with supporting memoranda of law and supporting affidavits or other materials; opposing memoranda generally are due within 30 days, and reply memoranda may be filed within 10 days, subject to the exceptions and extensions specified in the order.
3. After submission of timely briefs, a trial court may decide a civil motion on the written filings without further notice or oral argument, except that oral argument is required on dispositive motions unless the parties agree it is unnecessary; Rule 59(e) motions may be decided on briefs without a hearing.
4. All motions filed on or after October 1, 2015, in the pilot circuits must be disposed of within 90 days of filing absent extraordinary circumstances, subject to the order's provisions concerning already-scheduled hearings and administrative reporting.

Questions Presented

1. Whether the Supreme Court of South Carolina should establish a pilot program governing the filing, briefing, hearing, and disposition of civil motions in the Third and Fifteenth Judicial Circuits.
2. Whether civil motions in the pilot circuits may be resolved on written submissions without oral argument in circumstances authorized by the order.
3. Whether motions filed on or after October 1, 2015, should generally be disposed of within 90 days absent extraordinary circumstances.

Disposition

other