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Rule 78 – Clerks of Court; Records, Abstracts, Books

May 14, 2021 | Civil Procedure, South Carolina

(a) Records to Be Kept; Penalties. Subject to the approval of the Supreme Court, the Office of Court Administration shall establish procedures for creating, maintaining, removing, and destroying all records and other court documents by the clerks of court, probate courts, municipal courts, magistrate’s courts, court administrators, and other officers and employees of the courts, and for the furnishing of information and statistical data relative to the work of the courts and to the expenditure of public moneys for their maintenance and operation. Failure to comply with the requirements of this rule, or any procedures established pursuant hereto, shall subject the party so failing to penalties as for contempt of court.
(b) Abstracts of Civil Judgments and Orders. The clerk shall enter an abstract of every final judgment or order affecting title to or lien upon real or personal property, and any other order which the court may direct to be entered in the “Abstracts of Judgments” book. Suitable indices of every such civil judgment or order shall be kept by the clerk.
(c) Other Books and Records of the Clerk. The clerk shall also keep such other books and records as may be required, and shall produce the Code of Laws, the rules, the calendars and the file book upon request of the court.

S.c. R. Civ. P. 78

This Rule 78(a) is present new (1983) Circuit Court Rule 84. Rules 78(b) and (c) conform to present State statutes and practice.