(a) Courts Always Open. The courts of this State shall be deemed always open for the purpose of filing any pleading or other proper paper, or issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders and rules.
Rule 77.Courts and clerks
Group X: Courts and Clerks · Last amended April 15, 2014 · Last verified July 13, 2026
In one sentenceRule 77 keeps South Carolina courts always open for filing and interlocutory matters, sets when trials must be held in open court versus when a judge may act in chambers, fixes the clerk's office hours and authority, requires the clerk to give written or electronic notice of entered orders and judgments, and requires Chief Justice approval to cancel or add a term of court.
Full Text of Rule 77
(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the circuit, but no hearing, other than one ex parte or one upon motions subsequent to trial, shall be conducted outside the circuit without the consent of all parties affected thereby.
(c) Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon motion for cause shown.
(d) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment the clerk shall serve a notice of the entry by first class mail upon every party affected thereby who is not in default for failure to appear, and shall make a note in the case file or docket sheet of the mailing. For parties proceeding in the SCE- File electronic filing system, the clerk shall serve a notice of the entry by electronically transmitting a Notice of Electronic Filing to all parties. Such mailing or electronic transmission shall not be necessary to parties who have already received notice. Such mailing or electronic transmission is sufficient notice for all purposes for which notice of the entry of an order or judgment is required by these rules; but any party may in addition serve a notice of entry on any other party in the manner provided in Rule 5 for the service of such papers. In addition to the above, in post-conviction relief actions, the post-conviction relief judge shall submit the signed order or judgment to the clerk of court for filing and the clerk shall promptly provide notice of the entry of judgment and serve a copy of the signed order to the parties. Pursuant to Rule 5(b) service shall be made solely on the attorney when the applicant is represented by counsel and, where an applicant is proceeding pro se, service shall be made upon the applicant at the last known address provided to the clerk by the applicant.
(e) Cancelling or Ordering Terms of Court. No term of court shall be cancelled nor additional term scheduled without the prior approval of the Chief Justice. When the local bar requests that a week of common pleas court be not held, or the solicitor requests that a week of general sessions court be not held, the clerk shall immediately notify the Court Administrator of this State.
Notes
Note to 2014 Amendment: This amendment requires the clerk to serve notice of entry of an order or judgment through the SCE-File electronic filing system for all parties who are proceeding in the electronic filing system. Any party or the attorney for a party who is a traditional filer and not proceeding in the electronic filing system must be served by first class mail as provided in paragraph (d).
Note: This Rule 77 is substantially identical to the Federal Rule and present State practice. The only additions are the requirement in Rule 77(d) that the Clerk mail notice of entry of orders or judgment, unless (as is customary) they have been notified, usually by the judge; and Rule 77(e) preserves present Circuit Court Rule 83.
Note to 2004 Amendment: The 2004 amendment clarified the process for clerks of court providing notice of entry of judgment and copies of the final signed order to the parties. It made clear that service is to be made on the attorney of a represented applicant and only on applicants when they are proceeding pro se.
Amendment History
Last amended by Order dated April 15, 2014.
Plain-English Summary
Rule 77 covers the everyday mechanics of how circuit courts and their clerks' offices operate. Subsection (a) declares the courts always open for filing pleadings and other papers, for issuing and returning process, and for interlocutory motions, orders, and rules — there is no window in which a filing can be rejected because court is not formally in session. Subsection (b) then draws the line between trials on the merits, which must be conducted in open court, and other proceedings, which a judge may handle in chambers. A hearing outside the circuit is allowed only if it is ex parte, a post-trial motion, or all affected parties consent.
Subsection (c) requires the clerk's office to stay open during business hours except on weekends and legal holidays, and lets the clerk grant routine matters — issuing process, entering defaults, and similar items that do not require a judge's order — on the clerk's own authority, subject to the court's power to suspend, alter, or rescind that action for cause. Subsection (d) puts the clerk in charge of notifying parties when an order or judgment is entered, either by first class mail or, for parties using the SCE-File electronic filing system, by transmitting a Notice of Electronic Filing. It also carries a specific provision for post-conviction relief actions, where the judge submits the signed order to the clerk, who must serve it on counsel or, for a pro se applicant, on the applicant at the last address on file.
Finally, subsection (e) puts cancelling or scheduling a term of court in the hands of the Chief Justice, and requires the clerk to notify the Court Administrator promptly when the local bar or a solicitor asks that a week of court not be held.
Frequently Asked Questions
Can I file a pleading with the court on a weekend or holiday?
The courts are deemed always open for filing pleadings and other proper papers, though the clerk's office itself keeps regular business hours and is closed on weekends and legal holidays under subsection (c).
Does every hearing have to happen in open court?
Trials on the merits must be conducted in open court. Other proceedings may be handled by a judge in chambers, and only ex parte matters or motions made after trial may be heard outside the circuit without every affected party's consent.
How does the clerk notify me that an order has been entered?
By first class mail, unless you are proceeding through the SCE-File electronic filing system, in which case the clerk transmits a Notice of Electronic Filing instead. A party who already has notice does not need to receive a duplicate mailing.
How does notice work in a post-conviction relief case?
The PCR judge submits the signed order to the clerk, who must promptly notify the parties and serve a copy of the order. Service goes to counsel alone when the applicant is represented, and to the applicant at the last known address on file when the applicant is proceeding without counsel.
Who decides whether a term of court is cancelled?
Only the Chief Justice can approve cancelling a scheduled term or adding an additional one. When the local bar or a solicitor asks that a week of court not be held, the clerk must notify the Court Administrator right away.
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: clerks office hours south carolinanotice of entry of order or judgmentSCE-File electronic filing noticetrials in open court chamberscancelling term of court