S.C. R. Civ. P. 43
Note:
This Rule 43 substantially preserves present State practice as to evidence and conduct of trial. The present Federal Rule differs because of the adoption of the Federal Rules of Evidence in 1975; however, the practitioner will notice little change in present practice. Rules 43(a) through 43(d) restate present State practice under statutes, rules and case law. Rule 43(d) preserves Code § 19-1-40. Rule 43(c)(1) preserves new Circuit Rule 101. Rule 43(f) is new matter but is implied by the court's powers under Title 14, Chapter 15 of the Code. Rule 43(g) preserves Circuit Rule 85, except it prohibits submitting the pleadings to the jury for its deliberations, a needed change to avoid the jury treating pleadings as evidence or having information therefrom contrary to the judge's charge and instructions.
Note to 1986 Amendment:
The amendment to Rule 43(b)(2) clarifies the right of a litigant to call an adverse party, or a witness who may bind an adverse party, and use leading questions and impeach him if justified by the facts. The amendments to paragraphs (f) and (h) correct inadvertent omissions in those paragraphs.
Note to 1987 Amendment:
Rule 43(f) is amended to delete the reference to the hearing impaired whose interpreters are to be provided by statute.
Note to 1990 Amendment:
Rule 43(m) Expert Testimony is taken from Rules 702 to 705 of the Federal Rules of Evidence. The language in subdivision (3) is that of Federal Rule of Evidence 704 prior to its amendment in 1984. The Advisory Committee Notes to the Federal Rules of Evidence provide commentary and useful guidance on the use of expert testimony under this Rule.
Note to 1995 Amendment:
This amendment deleted subsections (b), (c) [but not (c)(1)], and (m). These matters are now governed by the South Carolina Rules of Evidence.
Note to 2003 Amendment:
This amendment changed the title of the Rule to be more reflective of its content and added the final sentence to Rule 43(k), Agreements of Counsel to provide that agreements regarding sealing settlements will be handled according to Rule 41.1, SCRCP.
Note to 2009 Amendment:
The amendment to Rule 43(k) provides a settlement agreement is also binding if the agreement is reduced to writing and signed by the parties and their counsel.
Note to 2022 Amendment:
The amendment to Rule 43(k) clarifies the existing practice in cases where the parties have waived the presence of the actual named defendant at a mediation settlement conference and allows for more efficient enforcement of mediated settlements.