(a) These rules shall be entitled South Carolina Rules of Civil Procedure and may be cited by Rule number and the letters SCRCP, i.e., Rule , SCRCP.
Rule 85.Title; Criminal procedure; Rules repealed
Group XI: General Provisions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 85 names these rules the South Carolina Rules of Civil Procedure, citable as SCRCP, renumbers ten former circuit court criminal practice rules as Criminal Practice Rules 1 through 10, and repeals every other prior circuit court rule of practice as of the SCRCP's effective date.
Full Text of Rule 85
(b) Those certain of the Rules of Practice for the Circuit Courts of South Carolina pertaining to practice and procedure in criminal cases and heretofore numbered Rules 4, 25, 35, 61, 72, 95, 98, 103, 104 and 105, contained in the Appendix of Criminal Practice Rules, shall be renumbered as Criminal Practice Rules 1 through 10, and continue in full force and effect.
(c) All other of the Rules of Practice for the Circuit Courts of this State heretofore adopted are repealed as of the effective date of these South Carolina Rules of Civil Procedure.
Notes
Note: This Rule 85 is similar to the Federal Rule, and of other States adopting the Rules of Civil Procedure.
Editor's Note: The Appendix of Criminal Practice Rules was repealed by Rule 39, SCRCrimP.
Plain-English Summary
Rule 85(a) fixes both the name and the citation format for these rules: the South Carolina Rules of Civil Procedure, cited by rule number followed by "SCRCP."
Rules 85(b) and (c) handle the transition from the old circuit court rules of practice to the new civil rules. Because the SCRCP governs civil procedure only, the drafters still needed a home for the existing criminal practice provisions embedded in the old circuit court rules — Rule 85(b) preserves ten of those provisions by renumbering them as Criminal Practice Rules 1 through 10. Everything else in the former circuit court rules of practice that was not carried forward is repealed outright as of the SCRCP's effective date under Rule 85(c).
Frequently Asked Questions
How should these rules be cited?
By rule number followed by the letters SCRCP, for example, "Rule 12, SCRCP."
Did adopting the SCRCP eliminate the state's existing criminal procedure rules?
No. Rule 85(b) preserved ten identified circuit court rules touching criminal practice by renumbering them as Criminal Practice Rules 1 through 10.
What happened to the old circuit court civil practice rules that were not renumbered?
Rule 85(c) repeals them as of the effective date of the South Carolina Rules of Civil Procedure.
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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