National Center for State Courts

 

Improving Justice through Leadership
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South Carolina Mass Tort Survey

    

 

   

Mass Tort
South Carolina
Survey Results



Tracking and/or reporting of mass tort cases

No special tracking, but cover sheet for civil cases has a section entitled "Special/Complex/Other," and includes the following categories:

  • Environmental

  • Automobile arbitration

  • Medical

  • Pharmaceuticals

  • Unfair trade practices

  • Out-of-state depositions

  • Other

Professional malpractice is subdivided into dental, legal, medical, and other.

Personal injury includes a subdivision on products liability.


See also special dockets.


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Definition of "mass tort"

None, but see tracking, which lists categories included on the civil cover sheet.

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Procedural rules

South Carolina Rules of Civil Procedure, Rule 16. Pre-trial procedure: formulating issues. Among the issues for consideration at such hearings is "the advisability of reference of issues to a master (a) for findings to be used as evidence when the trial is to be by jury, or (b) disposition of non-jury issues. RCP 16(a)(6). Note to the Rule explains that "the aim of the Rule is to produce a meaningful pre-trial hearing in complex and difficult cases, and to avoid such hearings in routine actions." 


RCP 23. Class actions
.


RCP 29. Stipulations regarding discovery procedure.


RCP 72. Judgments and orders subject to appeal.


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Statutes

None known.

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Case law

None known.

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Administrative orders

Limited use of e-mail for service of legal documents was permitted by Administrative Order (November 15, 2004).

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Interlocutory appeal

RCP 72. Judgments and orders subject to appeal. The note states that the rule is "designed to reduce appeals from interlocutory or intermediate orders in an action," in accordance with the "modern decisions of the Supreme Court narrowing 'dilatory appeals' from such interlocutory orders as grant or deny motions address to the pleadings, motions at trial, and the like."

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Infrastructure: special dockets

One judge is usually assigned to handle certain complex litigation cases. For example, one judge will hear all Oxycontin cases. Another judge may hear all litigation involving asbestos.

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Infrastructure: task forces, commissions, or other policy-level bodies

None known.

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Case management

Some circuits have implemented differential case management. Nature of action have recently been implemented to track the various civil actions filed in the state. for instance, the number of actions filed involving pharmaceuticals may be tracked, although not specific types of medication.


ADR
: Parties may agree to arbitration of their appeal before a panel consisting of three retired justices, retired judges, active or retired attorneys, or a combination thereof. Appellate Court Rules, R. 223. Civil cases in certain counties (Florence, Henry, Lexington, Richland, Greensville, and Anderson) are subject to mandatory ADR. See Arbitration/Mediation Rules.

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Technology

The state courts in South Carolina are undergoing a multi-year project to modernize operations based on its strategic plan. The Judicial Automation Project includes projects in the areas of network infrastructure, web portal, statewide case management, a call center, and appellate imaging.


Initial modules in the case management system include circuit courts, magistrates court, jury management, and accounting.


Limited use of e-mail for service of legal documents was permitted by Administrative Order (November 15, 2004).


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Last Modified: 8/29/2006 9:33:58 AM

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