Appeals to the circuit court shall be made upon the original record in the lower court or administrative agency or tribunal. Upon filing of notice of appeal in an action the original record shall be certified by the clerk of the inferior court or administrative agency or tribunal and transmitted within thirty (30) days to the clerk of the court to which the appeal is taken. If the lower court, agency or tribunal has no clerk, then the original record shall be certified and transmitted by the judge or chief official of the lower court, agency or tribunal. Upon motion for good cause shown, the court may extend the time for the lower court, agency or tribunal to prepare and certify the record. Upon receipt of the certified record, the clerk of the circuit court shall give notice in writing to the parties that the record has been filed.
Rule 75.Record on appeal to the Circuit Court: Transmittal
Group IX: Appeals and Arbitration · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 75 requires the clerk (or, if there is none, the judge or chief official) of the inferior court, agency, or tribunal to certify and transmit the original record to the circuit court clerk within thirty days of an appeal, subject to an extension for good cause, after which the circuit clerk must notify the parties in writing that the record has been filed.
Full Text of Rule 75
Notes
Note: These Rules 74 and 75 are added to make uniform the procedure on appeals to the Circuit Court where there is no provision by statute. They do not replace any provisions as to such appeals in Title 18 of the Code, or other statutes providing for appeals from administrative decisions; but are added to supply omissions in these statutes where no provision is made for the time to file notice of intention to appeal, the form of the record on appeal, or how it shall be transmitted.
Note to 1986 Amendment: This amendment requires the record to be certified to the circuit court within thirty days, and provides that the court may grant additional time for good cause shown.
Plain-English Summary
Rule 75 is the companion to Rule 74: once an appeal to circuit court is underway, someone has to move the actual record — pleadings, orders, transcripts, whatever the inferior tribunal generated — up to the court that will decide the appeal. This rule puts that job on the clerk of the lower court, agency, or tribunal, who must certify the record and send it to the circuit court clerk within thirty days of the notice of appeal being filed. If the lower body has no clerk, the judge or chief official of that body handles certification and transmission instead.
The thirty-day period is not absolute. On a motion showing good cause, the circuit court may extend the time for the lower court, agency, or tribunal to finish preparing and certifying the record. This gives some flexibility for records that are unusually large or where the lower body is slow to respond, without letting the deadline lapse into an open-ended delay.
Once the record arrives, the circuit clerk must give the parties written notice that it has been filed, so that briefing and further proceedings can move forward on a known timetable. As the official commentary explains, Rules 74 and 75 work together to standardize appellate procedure wherever a separate appeal statute leaves gaps — on timing, on the form of the record, or on how the record gets from one court to the other.
Frequently Asked Questions
Who is responsible for sending the record to the circuit court?
The clerk of the inferior court, administrative agency, or tribunal that issued the decision being appealed. If that body has no clerk, its judge or chief official certifies and transmits the record instead.
How long does the lower court have to transmit the record?
Thirty days from the filing of the notice of appeal, unless the circuit court extends that period on a motion showing good cause.
What happens once the record reaches the circuit court?
The circuit court clerk gives the parties written notice that the record has been filed, which lets the parties know the appeal record is complete and available.
Can the deadline for transmitting the record be extended?
Yes. Rule 75 lets the court extend the time upon a motion showing good cause, recognizing that some records take longer to compile than others.
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: transmitting the record on appealcertifying the record circuit courtrecord on appeal from magistratenotice record filed appeal