Group III: Pleadings and Motions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 16 lets the court call a pre-trial hearing to narrow the issues, sets what must happen at that hearing and in the resulting pre-trial order, requires pre-trial briefs in a set format, and allows informal status conferences before trial.
(a)Pre-trial Hearings . In any action after the issues are joined by the actual filing and service of all pleadings, the court may in its discretion or upon motion of any party direct the attorneys for the parties to appear before it for a hearing to consider:
(1)The simplification of the issues;
(2)The necessity or desirability of amendments to the pleadings;
(3)The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4)The limitation of the number of expert witnesses;
(5)The limitation of the time allowed for discovery;
(6)The advisability of reference of issues to a master: (a) for findings to be used as evidence when the trial is to be by jury, or (b) disposition of non-jury issues;
(7)The disposition of pending motions;
(8)Such other matters as may aid in the disposition of the action.
The attorneys at such pre-trial hearing shall be prepared, as to each party, to:
(1)State the facts which can be proven whether or not alleged in the pleadings;
(2)State the questions of law involved, with citations of legal authority substantiating the party's position thereon;
(3)State with particularity all items of damages claimed and the measure of the damages;
(4)Provide copies of all relevant medical statements or records;
(5)Make good faith offers of settlement;
(6)Exchange lists of witnesses, including expert witnesses;
(7)Agree upon all facts not in controversy;
(8)Exchange lists of all exhibits proposed to be offered at trial.
(b)Pre-trial Orders . The court shall make a written order which recites the action, if any, taken at the hearing, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified on motion, or at the trial to prevent manifest injustice. The order may, in the court's discretion, also: (1) provide that exhibits or witnesses not listed at the hearing may not be called or admitted in evidence at the trial, unless such witness or exhibit is discovered after pre-trial hearing and promptly disclosed to opposing parties; (2) provide that all motions pending at the time of the hearing which are not presented for disposition are deemed abandoned; (3) provide that all or part of the pretrial hearing be continued to a future time, or that additional pre-trial hearings be scheduled to promote the orderly and efficient disposition of the action; (4) establish provisions for disclosure or discovery of electronically stored information; and (5) include any agreements the parties reach for asserting claims of privilege or of protection as trial preparation material after production.
(c)Pre-trial Briefs. At or prior to a pre-trial hearing, counsel for each party shall provide to the judge a uniform brief containing the matters listed below. The pre-trial brief shall be provided to the judge and served on all parties or counsel of record at the same time and by the same means.
(1)A concise, non-argumentative statement of the facts of the case.
(2)An objective statement of the facts in controversy.
(3)The legal issues involved. This includes the law applicable to the cause of action and the defense.
(4)A listing of exhibits, indicating those to which there is disagreement and a listing of witnesses who may be called and, if available, their address and phone number.
(5)Any unusual problems relating to evidence to be introduced, such as "Business Records as Evidence Act," hearsay, use of depositions, etc.
(6)Any unusual question or matter which should be brought to the attention of the court.
(7)A statement that settlement negotiations were attempted before the date of the pre-trial hearing and the status of settlement negotiations.
The pre-trial brief is solely for the use of the court at the pre-trial hearing, and shall not be filed with or made part of the record in the action.
(d)Pre-trial Calendar. The Chief Judge for Administrative Purposes in any circuit may establish a pretrial hearing calendar on which actions may be placed for consideration as above provided and set thereon all actions in which a pre-trial hearing has been ordered or which, in his discretion, such hearing should be ordered. If a motion for such hearing is pending, the administrative judge shall hear or assign for hearing such motion. If the motion is granted the action shall be placed on the pre-trial calendar.
(e)Status Conferences. Whether or not a formal pre-trial hearing has been held in an action, the trial judge may hold an informal conference before trial to dispose of any remaining matters, including disposition of any pending motions and consideration of settlement. No pre-trial brief or other formal procedures set forth in paragraphs (a) through (d) of this Rule 16 shall be required for such conferences; however, any briefs and memoranda submitted in support of pending motions shall be served on all parties at the same time and by the same means used to serve the court.
Notes
Note: This Rule 16 is similar to the Federal Rule, with the exceptions noted below. The proposal preserves present Circuit Rule 43, as revised in 1981, except to denote the pre-trial as a hearing, and by requiring a pre-trial order, reciting the action taken at the pre-trial hearing. The session is a "hearing" rather than a "conference." Present State pre-trial conferences often do not produce concrete results since no court order follows. Rule 16(e) is added to allow an informal status conference shortly before trial to dispose of any remaining matters. An order may be entered in writing or stated upon the record on any ruling the court deems necessary when this informal conference may be held in the action. The aim of the Rule is to produce a meaningful pre-trial hearing in complex and difficult cases, and to avoid such hearings in routine actions. The allowance for informal conferences immediately before trial enables the court to dispose of remaining pre-trial matters, including settlements, in any and all cases.
Note to 1993 Amendment: The amendment provides that all pre-trial briefs and memoranda, required by 16(c) or permitted under 16(e), be served upon all parties at the same time and by the same means as is used to serve the court. The pre-trial brief is solely for the use of the court and does not restrict a party in the presentation of its case.
Note to 2011 Amendment: The amendments to Rules 16, 26, 33, 34, 37 and 45 of the South Carolina Rules of Civil Procedure concerning electronic discovery are substantially similar to the corresponding provisions in the Federal Rules of Civil Procedure. The rules concerning electronic discovery are intended to provide a practical, efficient and cost-effective method to assure reasonable discovery. Pursuit of electronic discovery must relate to the claims and defenses asserted in the pleadings and should serve as a means for facilitating a just and cost-effective resolution of disputes.
Plain-English Summary
Once every pleading in a case has been filed and served, Rule 16(a) lets the court, on its own initiative or a party's motion, call the attorneys in for a pre-trial hearing. The list of topics the rule invites the court to take up is broad: narrowing the issues, considering amendments, exploring what facts and documents the parties will admit, limiting expert witnesses, capping discovery time, referring matters to a master, and clearing out pending motions. The rule also expects the attorneys to come prepared — able to state what facts they can prove, the legal questions at stake, the damages claimed, and to have exchanged witness and exhibit lists, agreed on undisputed facts, and made good-faith settlement offers.
Rule 16(b) requires a written order after the hearing. That order records what happened, what amendments were allowed, what the parties agreed to, and it narrows the case to the issues still in dispute. Once entered, it controls how the rest of the case proceeds unless the court later modifies it, whether on motion or at trial to avoid an unjust result. The court has discretion to go further, barring undisclosed witnesses or exhibits from trial, treating unaddressed pending motions as abandoned, continuing the hearing to a later date, or setting ground rules for e-discovery and for how the parties will handle privilege claims over material produced during discovery.
Rule 16(c) sets out a standard format for pre-trial briefs: a plain statement of the facts, the facts still in dispute, the legal issues, a list of exhibits and witnesses, any unusual evidentiary wrinkles, and a report on settlement talks. These briefs are for the judge's use at the hearing only — they don't become part of the case record. Rule 16(d) lets the chief administrative judge in a circuit maintain a calendar for scheduling these hearings, and Rule 16(e) adds a lighter-weight option: an informal status conference shortly before trial to clear up loose ends, including settlement, without the formality of a full pre-trial hearing or brief.
Frequently Asked Questions
When can a South Carolina court hold a Rule 16 pre-trial hearing?
Once all the pleadings in the action have been filed and served, the court may call a pre-trial hearing on its own initiative or on a party's motion.
What has to happen at a pre-trial hearing?
The attorneys must be ready to address items like simplifying the issues, possible amendments, admissions of fact, limits on expert witnesses and discovery time, and pending motions, and to come prepared with facts they can prove, legal authority, damages claims, witness and exhibit lists, and settlement offers.
What is a pre-trial order, and why does it matter?
Rule 16(b) requires the court to issue a written order after the hearing recording what was decided and narrowing the case to the issues still in dispute. That order controls the rest of the case unless later modified, so it effectively locks in what will and won't be litigated at trial.
Do pre-trial briefs become part of the case file?
No. Rule 16(c) states that pre-trial briefs are solely for the judge's use at the pre-trial hearing and are not filed with, or made part of, the record.
What is a status conference under Rule 16(e), and how is it different from a pre-trial hearing?
A status conference is an informal session the trial judge may hold shortly before trial to handle remaining matters, including settlement. Unlike a full pre-trial hearing, it doesn't require a pre-trial brief or the other formal procedures Rule 16(a) through (d) describe.
Can a Rule 16 order address electronic discovery?
Yes. Rule 16(b) lets the court's order establish provisions for the disclosure or discovery of electronically stored information, along with agreements on how the parties will assert privilege claims over material produced.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as:pre-trial hearingpre-trial conferencepre-trial orderpre-trial briefstatus conferencescheduling conference