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Rule 4 – Motions in General

May 14, 2021 | Criminal Procedure, South Carolina

(a) Form of Motions. An application to the court for an order shall be by motion which, unless made during a hearing or trial in open court with a court reporter present, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(b) Subsequent Applications for Order After Refusal. If any motion be made to any judge and be denied, in whole or in part, or be granted conditionally, no subsequent motion upon the same set of facts shall be made to any other judge in that action. If upon such subsequent motion any order be made, it shall be void.

S.c. R. Crim. P. 4

Section (a) is the language of Rule 7(b)(1), SCRCP, and Section (b) is the language of Rule 43(1), SCRCP. The last sentence of Section (b) is taken from Circuit Court Rule 60.