In re Pilot Model Post-Conviction Relief Docket Management

413 S.C. 470 (2015) · Supreme Court of South Carolina · August 19, 2015

Summary

The Supreme Court of South Carolina establishes a one-year pilot program for streamlined management of post-conviction relief actions in the Fifth and Eleventh Judicial Circuits. The order sets requirements for roster meetings, hearing scheduling, pleadings, preparation by counsel, continuances, and sanctions for nonattendance.

Court
Supreme Court of South Carolina
Writing for the Court
Jean H. Toal
Jurisdiction
South Carolina
Decision date
August 19, 2015
Procedural posture
Original administrative order establishing a pilot program for streamlined management of post-conviction relief actions in the Fifth and Eleventh Judicial Circuits.
Precedential value
Published administrative order establishing docket-management procedures for a specified pilot program
Disposition
other

Topics

post-conviction reliefpleadingscivil procedurecriminal procedure

Practice areas

post-conviction reliefcriminal procedurecivil procedure

Questions Presented

  1. Whether the Supreme Court of South Carolina should establish a pilot program and uniform procedures for the management of post-conviction relief actions in selected judicial circuits.

Holdings

  1. The Supreme Court of South Carolina established a one-year pilot program in the Fifth and Eleventh Judicial Circuits and adopted the procedures set forth in the order for the management and resolution of post-conviction relief cases.

Key quotations

I find that uniform procedures for the orderly and efficient resolution of PCR cases would further the administration of justice in this state. (413 S.C. at 470)
This pilot program is effective for one year from the date of this order and may be extended or expanded at the discretion of the Chief Justice after recommendation of the civil subcommittee of the Docket Management Task Force. (413 S.C. at 472)

Factual background

The Common Pleas Docket Management Task Force requested a streamlined process for managing post-conviction relief actions. The court found that uniform procedures would promote the orderly and efficient resolution of PCR cases and established the pilot program in the Fifth and Eleventh Judicial Circuits.

Procedural history

The Common Pleas Docket Management Task Force requested that the Supreme Court of South Carolina create a pilot program for managing post-conviction relief cases. The Supreme Court adopted procedures governing docket management, status conferences, pleadings, continuances, counsel preparation, and sanctions, effective for one year.

Court Document

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