(a) These rules shall take effect on July 1, 1985. They govern all proceedings in civil actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.
Rule 86.Effective date
Group XI: General Provisions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 86 set July 1, 1985 as the effective date of the Rules of Civil Procedure, applies them to civil actions filed after that date and to further steps in already-pending actions unless doing so is infeasible or unjust, and fixed May 1, 1986 as the effective date for that year's amendments.
Full Text of Rule 86
(b) The 1986 amendments to these rules shall take effect on May 1, 1986.
Notes
Note: This Rule 86 is similar to the Federal Rule, making these rules immediately applicable to pending actions, as of the effective date, except where the Court finds this not feasible.
Plain-English Summary
Rule 86(a) marks the starting line for the SCRCP: July 1, 1985. Every civil action brought after that date is governed by these rules. Actions already pending on that date are governed too, but only for further proceedings going forward — the rule does not unwind steps already taken under the old procedure. It also builds in an escape valve: if applying the new rules to a particular pending action would not be feasible or would work an injustice in the court's opinion, the former procedure applies to that action instead.
Rule 86(b) applies the same effective-date mechanism to a later round of changes, setting May 1, 1986 as when that year's amendments took effect.
Frequently Asked Questions
When did the South Carolina Rules of Civil Procedure take effect?
July 1, 1985, under Rule 86(a).
Do the rules apply to lawsuits that were already pending before the effective date?
Yes, to further proceedings in those actions, unless the court decides that applying the new rules to that particular action would not be feasible or would work an injustice, in which case the former procedure applies to it instead.
What effective date applies to the 1986 amendments?
May 1, 1986, under Rule 86(b).
Who decides whether applying the new rules to a pending case would be unjust?
The court handling that action, based on the rule's text giving weight to "the opinion of the court."
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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