These rules, or any of them, shall apply to every trial court of civil jurisdiction within this state, within the limits of the jurisdiction and powers of the court provided by law, and the procedure therein shall conform to these rules insofar as practicable. They shall apply insofar as practicable in magistrate's courts, probate courts, and family courts to the extent they are not inconsistent with the statutes and rules governing those courts. In any case where no provision is made by statute or these Rules, the procedure shall be according to the practice as it has heretofore existed in the courts of this State.
Rule 81.Applicability
Group XI: General Provisions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 81 extends the Rules of Civil Procedure to every trial court with civil jurisdiction in South Carolina, requires magistrate's, probate, and family courts to follow them only so far as practicable and not inconsistent with the statutes and rules that already govern those courts, and falls back on prior South Carolina practice whenever no statute or rule addresses a procedural question.
Full Text of Rule 81
Notes
Note: This Rule 81 covers the same subject as the Federal Rule but is drafted to conform to the State court system, and to make the procedure in all civil courts as uniform as possible.
Plain-English Summary
Rule 81 draws the outer boundary of who has to follow the Rules of Civil Procedure. The core command is broad: every trial court with civil jurisdiction in South Carolina must conform its procedure to these rules, within whatever powers the law gives that court. But the rule immediately tempers that command with a qualifier — courts follow the rules "insofar as practicable." That phrase acknowledges that a single set of civil procedure rules cannot be applied word-for-word in every forum without friction.
That friction is most visible in the rule's second sentence, which reaches beyond circuit court and applies the SCRCP to magistrate's court, probate court, and family court. Each of those courts already operates under its own statutes and rules. Rule 81 makes the SCRCP a backstop for them rather than a replacement: the specialized court's own governing law controls whenever it conflicts with the civil rules, and the SCRCP fills in only where that court's own framework is silent or where following the SCRCP causes no inconsistency.
The final sentence handles the remaining gap. If neither a statute nor any rule — SCRCP or otherwise — addresses how a procedural question should be handled, the court reverts to the practice that existed in South Carolina courts before these rules took effect. In effect, Rule 81 tells every civil court in the state, from circuit court down to magistrate's court, how to prioritize three layers of authority: the specific statutes and rules governing that particular court, then the SCRCP where practicable, then prior state practice as the last resort.
Frequently Asked Questions
Does Rule 81 make magistrate's court follow the SCRCP exactly like circuit court?
No. Rule 81 applies the rules to magistrate's court only insofar as practicable and only to the extent they do not conflict with the statutes and rules that already govern magistrate's court practice.
Which courts does Rule 81 name?
Beyond trial courts of civil jurisdiction generally, Rule 81 specifically names magistrate's courts, probate courts, and family courts as courts where the SCRCP applies to the extent practicable and not inconsistent with the law governing each of those courts.
What controls if neither a statute nor the SCRCP addresses a procedural question?
Rule 81 directs the court to follow the practice that existed in South Carolina courts before the rules took effect.
Does Rule 81 apply the civil rules to criminal cases?
No. Rule 81 speaks only to civil jurisdiction; criminal practice is handled under separate criminal procedure rules, a distinction Rule 85 also reflects by renumbering the old criminal practice rules separately from the SCRCP.
Why does Rule 81 matter to someone practicing in family court?
Because family court operates under its own governing statutes and rules, and Rule 81 makes clear those provisions take priority whenever they are inconsistent with the SCRCP.
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: scope of SCRCPdo civil rules apply in magistrate courtfamily court civil procedure rulesprobate court and rule 81applicability of south carolina civil rules