Rule 40 – Effective Date

by | May 14, 2021 | Criminal Procedure, South Carolina

These rules shall take effect on September 1, 1988. They govern all proceedings in criminal actions brought after they take effect and also all further proceedings then pending, except to the extent that in the opinion of the court their application in a particular...

Rule 39 – Rules Repealed

by | May 14, 2021 | Criminal Procedure, South Carolina

All other existing Criminal Practice Rules heretofore adopted are repealed as of the effective date of these South Carolina Rules of Criminal Procedure. S.c. R. Crim. P. 39The language of this rule is taken from Rule 85(c), SCRCP.

Rule 38 – Title and Citation

by | May 14, 2021 | Criminal Procedure, South Carolina

These rules shall be entitled the South Carolina Rules of Criminal Procedure and shall be cited by rule number and the abbreviation SCRCrimP, i.e., Rule ___, SCRCrimP. S.c. R. Crim. P. 38The language of this rule is taken from Rule 85(c), SCRCP.

Rule 37 – Applicability

by | May 14, 2021 | Criminal Procedure, South Carolina

These rules shall apply to every trial court of criminal jurisdiction within this State, within the limits of the jurisdiction and the powers of the court provided by law, and the procedure therein shall conform to these rules insofar as practicable. They shall apply...

Rule 36 – Forms

by | May 14, 2021 | Criminal Procedure, South Carolina

The Supreme Court shall prescribe the content and format of forms required by these rules. The use of the forms as prescribed is mandatory. S.c. R. Crim. P. 36The language of this rule is taken from Rule 84, SCRCP.

Rule 35 – Time

by | May 14, 2021 | Criminal Procedure, South Carolina

In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so...