Rule 1101. Applicability of Rules

• Library: South Carolina Evidence Annotated (SCBar) (2021 Ed.)

Rule 1101. Applicability of Rules

(a) Courts and Judges. Except as otherwise provided by rule or statute, these rules apply to the courts of South Carolina. The term "judge" in these rules includes justices of the Supreme Court; judges of the Court of Appeals; judges of the circuit, family, probate and municipal courts; magistrates; masters-in-equity; and special referees.

(b) Proceedings Generally. These rules apply generally to civil actions and proceedings, to criminal cases and proceedings, and to contempt proceedings except those in which the court may act summarily.

(c) Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

(d) Rules inapplicable. The rules (other than with respect to privileges) do not apply in the following situations:

(1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104.

(2) Grand jury. Proceedings before grand juries.

(3) Miscellaneous proceedings. Proceedings for extradition; preliminary hearings in criminal cases; sentencing (except in the penalty phase of capital trials as required by statute), dispositional hearings in juvenile delinquency matters, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

Note:

Except for subsections (a), (b), and...