Rule 2.Applicability and repealer
Section I. General Provisions · Last verified September 4, 2026
Full Text of Rule 2
Plain-English Summary
Rule 2 is the most consequential rule in the set, because it decides which other rules govern a family court case.
Domestic relations actions
On top of Sections I, II and III of these rules, the South Carolina Rules of Civil Procedure apply in domestic relations actions — but only to the extent permitted by Rule 81, SCRCP, the civil rules' own scope provision.
Then comes the list. Twenty-odd civil rules are declared inapplicable, some outright and some only in part, and the partial ones are where the substance lies:
- 5(a), to the extent it does not require notice to a defendant of every hearing. In family court a defendant is entitled to notice even where the civil rules would not require it.
- 8(d), to the extent it treats a failure to file a responsive pleading as an admission. Silence does not concede a family court claim.
- 12(b), to the extent it lets a 12(b)(6) motion be converted into a summary judgment motion.
- 42, to the extent it refers to trial by jury.
- 43(b)(1), to the extent it limits leading questions to cross-examination.
- 54(c), to the extent it lets the court grant relief not requested in the pleadings.
And struck whole: 12(c), 13(j), 18, 23, 38, 39, 40(a & b), 43(i & j), 47, 48, 49, 50, 51, 55, 56, 68, 69, 71, 72, 78, 79 and 84.
Read together the pattern is clear. The jury machinery goes — 38, 39, 47 through 51, and the jury half of 40 and 42 — because Rule 9 tries every family court case to the bench. Default and summary judgment go — 55 and 56 — which is why Rule 17 has to supply its own default procedure. And relief is confined to what the pleadings ask for.
Juvenile actions
A different borrowing. On top of Sections I, II and IV, Rules 5, 6, 24 and 29 of the South Carolina Rules of Criminal Procedure apply in juvenile actions — not the civil rules. A delinquency case in family court runs on criminal-side procedure for those four subjects.
Everything else, and two closing provisions
Procedure in other actions is as provided by statute. All prior Rules of Practice for the Family Courts are repealed as of these rules' effective date. And no administrative order may conflict with these rules — a local practice cannot quietly displace one.
Frequently Asked Questions
Do the South Carolina Rules of Civil Procedure apply in family court?
In domestic relations actions, yes, in addition to Sections I, II and III of these rules and to the extent permitted by Rule 81, SCRCP — but Rule 2(a) then lists a long set of civil rules that are inapplicable, some entirely and some only in part.
Is there a jury trial in family court?
No. Rule 9(a) requires all hearings to be conducted without a jury, and Rule 2(a) disapplies the civil jury rules, including Rules 38, 39, 47, 48, 49, 50 and 51 and the jury portions of Rules 40 and 42.
If I do not answer, have I admitted the claim?
Can I move for summary judgment in a family court case?
What rules apply in a juvenile case?
Rule 2(b) applies Sections I, II and IV of these rules plus Rules 5, 6, 24 and 29 of the South Carolina Rules of Criminal Procedure.
Can a local administrative order change these rules?
No. Rule 2(e) provides that no administrative orders shall be issued which conflict with these rules.