AMENDMENTS TO RULE 404 SOUTH CAROLINA APPELLATE COURT RULES v. << (2025)

ORDER

Pursuant to Article V, Section 4 of the South Carolina Constitution, the Court has amended Rule 404 of the South Carolina Appellate Court Rules (SCACR), which governs admission pro hac vice and appearances of non-South Carolina lawyers in certain alternative dispute resolution matters in South Carolina. These amendments make the following changes to the process for seeking admission pro hac vice and clarify a requirement found in section (l) involving service on opposing counsel.

The amendments to section (e) alter the process of obtaining and providing the tribunal with the Supreme Court Clerk of Court's certification that the application for admission pro hac vice and fee, if applicable, have been received. Under the current rule, the Clerk is required to provide the certification directly to the tribunal. Under the new procedures in amended section (e), the Clerk will supply the applicant with the certification, and the South Carolina lawyer who is associated as attorney of record will file the certification and a copy of the completed application for admission pro hac vice together with the motion for admission pro hac vice.

The amendment to section (a) clarifies that the South Carolina attorney of record will file the motion for admission pro hac vice along with the certification and other documents required under section (e).

The amendment to section (b) removes language made redundant by the amendment to section (a).

The amendment to section (d)(1) eliminates the requirement that an applicant provide his or her residential address on the application for admission pro hac vice.

Finally, section (l) is amended to clarify that the verified statement required by section (l) is served, as opposed to filed, on opposing counsel if required under the rule.

The amendments, which are set forth in the attachment to this order, are effective immediately.

s/ John W. Kittredge, C.J.

s/ John Cannon Few, J.

s/ George C. James, Jr., J.

s/ D. Garrison Hill, J.

s/ Letitia H. Verdin, J.

Attachment

Rule 404(a), SCACR, is amended to provide:

(a) Motion for Admission Pro Hac Vice; Tribunal Defined. Upon written motion, an attorney who is not admitted to practice law in South Carolina and who is admitted and authorized to practice law in the highest court of another state or the District of Columbia may be admitted pro hac vice in any action or proceeding before a tribunal of this state. Except as provided by Rule 244(d), a person may not be admitted pro hac vice unless a regular member of the South Carolina Bar in good standing is associated as attorney of record with that person. The South Carolina attorney of record shall file the motion with a copy of the completed application form specified in (d) below (including the certificate of good standing) and the certification by the Clerk of the South Carolina Supreme Court specified in (e) below. For the purpose of this rule, a “tribunal” includes any court of this state, the South Carolina Administrative Law Court and any South Carolina agency authorized to hear and determine contested cases as defined under S.C. Code Ann. § 1-23-310.

Rule 404(b), SCACR, is amended to provide:

(b) Action on Motion. The tribunal in its discretion may hold a hearing on the motion and shall enter an order granting or denying the motion. If the motion is denied, the tribunal shall state its reasons.

Rule 404(d)(1), SCACR, is amended to provide:

(d) Application for Admission Pro Hac Vice. The Application for Admission Pro Hac Vice shall be on a form approved by the Supreme Court and shall contain the following information:

(1) the applicant's office address;

Rule 404(e), SCACR, is amended to provide:

(e) Admission Fee and Certification; Record of Appearances Pro Hac Vice. Prior to making a motion to be admitted pro hac vice, the application shall be submitted to the South Carolina Supreme Court Office of Bar Admissions along with an admission fee of $250. The fee shall not be required for pro hac vice admissions sought under Rule 244(d), SCACR. Upon receipt of the application, the Clerk of the South Carolina Supreme Court shall certify that the application form and fee, if applicable, have been received. The South Carolina attorney of record shall file the certification and a copy of the completed application with the motion as specified in (a) above. The Office of Bar Admissions shall maintain a record of all pro hac vice applications as a public record.

Rule 404(l), SCACR, is amended to provide:

(l) Fee; Record of Provision of Legal Services Pursuant to Rule 5.5(c)(3). For each matter in which a lawyer seeks to provide legal services pursuant to Rule 5.5(c)(3), the lawyer shall file a verified statement with the South Carolina Supreme Court Office of Bar Admissions stating that the lawyer has not filed more than three statements pursuant to this rule in a 365-day period. The statement shall be accompanied by a $250 fee and shall be served on opposing counsel, if known. If opposing counsel is not known at the time the verified statement is filed, the statement shall be served on opposing counsel within ten days of learning the identity of opposing counsel.