(a) Arbitration Panels . Resident circuit judges, by order of reference, shall designate attorneys to constitute a panel of arbitrators for automobile reparation actions under the South Carolina Automobile Reparation Reform Act of 1974. To insure a sufficient number of arbitrators in each county, more particularly those counties with fewer attorneys, a panel of arbitrators for each county shall consist of all attorneys in good standing, duly admitted to practice law and actively engaged in the practice of law in the State whose principal offices now or hereafter are located within the judicial circuit of which such county is a part.
Rule 76.Arbitration: Automobile reparation
Group IX: Appeals and Arbitration · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 76 governs arbitration of automobile reparation actions brought under the South Carolina Automobile Reparation Reform Act of 1974, covering how county arbitrator panels are formed, how depositions are taken in those proceedings, and how the arbitration docket and case numbers are maintained.
Full Text of Rule 76
(b) Depositions in Arbitration . The procedure for the taking of depositions in arbitration actions shall be the same as set forth in Rules 26 through 32. The monetary limitation for the taking of depositions under the provisions of Rule 30(a)(2) shall not be applicable in the taking of depositions in arbitration proceedings.
(c) Arbitration Docket . The arbitration docket required by the Act to be maintained by the clerks of court shall be on a form specified by the Director, South Carolina Court Administration, and the claims submitted to arbitration shall be assigned a case file number using a numbering system similar to that set forth in "Instructions for Filing, Indexing, Numbering and Preserving Records within the Judicial System of South Carolina," issued by the Office of South Carolina Court Administration.
Notes
Note: This Rule 76 is added to preserve Circuit Court Rule 91, changed only to reflect reference to new Rule numbers in these Rules.
Plain-English Summary
Rule 76 is narrow by design. It does not create a general arbitration procedure for civil cases; it applies only to arbitration of claims brought under South Carolina's Automobile Reparation Reform Act of 1974. For those cases, resident circuit judges issue an order of reference designating attorneys to serve as the county's panel of arbitrators. To make sure smaller counties are not left short of qualified arbitrators, the rule defines the panel broadly: every attorney in good standing who is admitted to practice in South Carolina and actively practices with a principal office in that judicial circuit is part of the panel.
Discovery in these arbitration proceedings borrows directly from the deposition rules that apply in ordinary civil litigation — Rules 26 through 32 — with one carve-out. The monetary limitation on deposition costs found in Rule 30(a)(2) does not apply to depositions taken in an automobile reparation arbitration.
Administratively, the clerks of court must keep an arbitration docket in the form the Director of South Carolina Court Administration specifies, and claims submitted to arbitration receive a case file number using a numbering system consistent with the statewide filing and indexing instructions issued by that office. The official commentary notes that Rule 76 carries forward former Circuit Court Rule 91, updated only to reflect the renumbering of the civil procedure rules.
Frequently Asked Questions
Does Rule 76 apply to arbitration agreements in ordinary contracts?
No. Rule 76 addresses only arbitration of automobile reparation actions brought under the South Carolina Automobile Reparation Reform Act of 1974. It is not a general civil arbitration rule.
Who serves as an arbitrator under this rule?
The panel for each county is made up of attorneys designated by resident circuit judges through an order of reference, drawn from all attorneys in good standing who actively practice law with a principal office located within that judicial circuit.
How are depositions handled in these arbitration proceedings?
Who sets the form of the arbitration docket and case numbering?
The Director of South Carolina Court Administration specifies the form of the docket, and case files are numbered under a system consistent with the statewide filing and indexing instructions issued by that office.
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
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