Rule 25.Discovery
Section III. Provisions Applicable to Domestic Relations Actions · Last amended May 1, 2017 · Last verified September 4, 2026
Full Text of Rule 25
Rule History
Amended by Order dated January 30, 2017, effective May 1, 2017.
Plain-English Summary
Rule 25 is one paragraph, and it was amended by order of January 30, 2017 to say what it now says.
The encouragement
Recognizing the unique nature of the court's jurisdiction and the need for a speedy determination, the rule encourages the prompt voluntary exchange of information and documents before trial.
That is a statement of preference, not an obligation. It creates no schedule and no list of what must be exchanged — the one mandatory disclosure in this ruleset is the Rule 20 financial declaration, which is required of all parties whether or not anyone asks.
The reservation
"However" carries the rule: the parties shall be allowed to engage in formal depositions and discovery according to the South Carolina Rules of Civil Procedure.
So the civil discovery rules are available in full, and the word is shall be allowed — a right, not a matter for permission.
Why the pairing matters
Rule 2(a) disapplies a long list of civil rules in domestic relations actions, and a reader who has just come from that list might reasonably wonder what survives on the discovery side. Rule 25 answers it: the discovery rules are not among the casualties.
Compare the two other family rulesets on this site and the difference is stark. Idaho's Rule 402 gates discovery behind completing mandatory disclosure and forbids re-requesting anything already disclosed; Arizona builds an elaborate disclosure scheme of its own. South Carolina does neither. It asks the parties to exchange voluntarily, guarantees the civil tools if they do not, and leaves the rest to the court's control of the case under Rule 16.
Frequently Asked Questions
Is there formal discovery in South Carolina family court?
Yes. Rule 25 provides that the parties shall be allowed to engage in formal depositions and discovery according to the South Carolina Rules of Civil Procedure.
Do I need permission to take discovery?
Rule 25 says the parties shall be allowed to engage in formal depositions and discovery under the civil rules; it imposes no permission requirement of its own.
Is there a mandatory disclosure requirement?
Rule 25 only encourages the prompt voluntary exchange of information and documents. The mandatory item is the Rule 20 financial declaration, required of all parties where a party's financial condition is relevant.
Why does the rule encourage voluntary exchange?
Rule 25 gives the reason: the unique nature of the court's jurisdiction and the need for a speedy determination.
Can a discovery dispute be resolved without a hearing?
Rule 28(c) allows a consent order relating to discovery to be issued without a hearing, in the discretion of the family court judge, with the consent of the parties.