In South Carolina, the rules of evidence govern proceedings in the courts of South Carolina to the extent and with the exceptions stated in Rule 1101, except as otherwise provided by rule or by statute. These rules apply to the courts of South Carolina except as otherwise provided by rule or statute.
Generally, the South Carolina Rules of Evidence apply to civil actions and proceedings, to criminal cases and proceedings, and to contempt proceedings except those in which the court may act summarily. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings. The rules other than with respect to privileges do not apply in situations such as:
- Preliminary questions of fact;
- Proceedings before grand juries;
- Miscellaneous proceedings such as proceeidngs for extradition; preliminary hearings in criminal cases; sentencing, 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.
Table of Contents of South Carolina Rules of Evidence
SOUTH CAROLINA RULES OF EVIDENCE
Article I. General provisions
Rule 101. Scope
Rule 102. Purpose and construction
Rule 103. Rulings on evidence
Rule 104. Preliminary questions
Rule 105. Limited admissibility
Rule 106. Remainder of or related writings or statements
Article II. Judicial notice
Rule 201. Judicial notice of adjudicative facts
Article III. Presumptions in civil actions and proceedings
Rule 301. Presumptions in general in civil actions and proceedings
Article IV. Relevancy and its limits
Rule 401. Definition of “relevant evidence”
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Rule 404. Character evidence not admissible to prove conduct; exception; other crimes
Rule 405. Methods of proving character
Rule 406. Habit; routine practice
Rule 407. Subsequent remedial measures
Rule 408. Compromise and offers to compromise
Rule 409. Payment of medical and similar expenses
Rule 410. Inadmissibility of pleas, plea discussions, and related statements
Rule 411. Liability insurance
Rule 412. Admissibility of evidence concerning victim’s sexual conduct in criminal sexual conduct cases
Article V. Privileges
Rule 501. General rule
Article VI. Witnesses
Rule 601. Competency
Rule 602. Lack of personal knowledge
Rule 603. Oath or affirmation
Rule 604. Interpreters
Rule 605. Competency of judge as witness
Rule 606. Competency of juror as witness
Rule 607. Who may impeach
Rule 608. Evidence of character, conduct and bias of witness
Rule 609. Impeachment by evidence of conviction of crime
Rule 610. Religious beliefs or opinions
Rule 611. Mode and order of interrogation and presentation
Rule 612. Writing used to refresh memory
Rule 613. Prior statements of witnesses
Rule 614. Calling and interrogation of witnesses by court
Rule 615. Exclusion of witnesses
Article VII. Opinions and expert testimony
Rule 701. Opinion testimony by lay witnesses
Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Article VIII. Hearsay
Rule 801. Definitions
Rule 802. Hearsay rule
Rule 803. Hearsay exceptions; availability of declarant immaterial
Rule 804. Hearsay exceptions; declarant unavailable
Rule 805. Hearsay within hearsay
Rule 806. Attacking and supporting credibility of declarant
Article IX. Authentication and identification 3
Rule 901. Requirement of authentication or identification
Rule 902. Self-authentication
Rule 903. Subscribing witness’ testimony unnecessary
Article X. Contents of writings, recordings, and photographs
Rule 1001. Definitions
Rule 1002. Requirement of original
Rule 1003. Admissibility of duplicates
Rule 1004. Admissibility of other evidence of contents
Rule 1005. Public records
Rule 1006. Summaries
Rule 1007. Testimony or written admission of party
Rule 1008. Functions of court and jury
Article XI. Miscellaneous rules
Rule 1101. Applicability of rules
Rule 1102. Amendments
Rule 1103. Title and effective date