Opinion
December 17, 2003.
ORDER
The attached certificate form is hereby approved for use with Rule 403, SCACR.
s/ Jean H. Toal C.J. FOR THE COURT
CERTIFICATE
This certificate is to be used to show completion of the trial experiences required by Rule 403 of the South Carolina Appellate Court Rules (SCACR). The text of this Rule is printed on the back of this form. This Certificate must be submitted in DUPLICATE (the original and one copy) to the Clerk of the South Carolina Supreme Court, P.O. Box 11330, Columbia, SC 29211. Except for the signatures, all entries must be legibly printed or typed.
COURT OF COMMON PLEAS or FEDERAL DISTRICT COURT FOR THE DISTRICT OF SC
1. Case Name: _________________ Date: _______ ATTEST: ____________________ Court: __________ Name of Judge: _________________ Signature of Judge
2. Case Name: _________________ Date: _______ ATTEST: ____________________ Court: __________ Name of Judge: _________________ Signature of Judge
3. Case Name: _________________ Date: _______ ATTEST: ____________________ Court: __________ Name of Judge: _________________ Signature of Judge
COURT OF GENERAL SESSIONS or U.S. DISTRICT COURT FOR THE DISTRICT OF SC
1. Case Name: _________________ Date: _______ ATTEST: ____________________ Court: __________ Name of Judge: _________________ Signature of Judge
2. Case Name: _________________ Date: _______ ATTEST: ____________________ Court: __________ Name of Judge: _________________ Signature of Judge
3. Case Name: _________________ Date: _______ ATTEST: ____________________ Court: __________ Name of Judge: _________________ Signature of Judge
EQUITY TRIAL
Case Name: ____________________ Date: _______ ATTEST: ____________________ Name of Judge and Title: __________________________ Signature of Judge
FAMILY COURT
1. Case Name: _________________ Date: _______ ATTEST: ____________________ Name of Judge: ______________________ Signature of Judge
2. Case Name: _________________ Date: _______ ATTEST: ____________________ Name of Judge: ________________________ Signature of Judge
ADMINISTRATIVE HEARING
Case Name: __________ Date: _______ ATTEST: ______________________________ Name of Presiding Officer and Title: ______ Signature of Presiding Officer
CERTIFICATION BY ATTORNEY
I, ____________________________________________________, hereby certify that I completed one-half of the credit hours needed for law school graduation prior to participating in and/or observing the trials or hearings listed on this form. I further certify that I have observed or participated in the above trials in accordance with the provisions of Rule 403, SCACR.
Signed this _____ day _____________, 20__. ______________________________ SIGNATURE
Revised 12/17/2003
RULE 403 TRIAL EXPERIENCES
(a) General Rule. Although admitted to practice law in this State, an attorney shall not appear as counsel in any hearing, trial, or deposition in a case pending before a court of this State until the attorney's trial experiences required by this rule have been approved by the Supreme Court. An attorney whose trial experiences have not been approved may appear as counsel if the attorney is accompanied by an attorney whose trial experiences have been approved under this rule or who is exempt from this rule, and the other attorney is present throughout the hearing, trial, or deposition. Attorneys admitted to practice law in this State on or before March 1, 1979, are exempt from the requirements of this rule. Attorneys holding a limited certificate to practice law in this State need not comply with the requirements of this rule.
(b) Trial Experiences Defined. A trial experience is defined as the:
(1) actual participation in an entire contested testimonial-type trial or hearing if the attorney is accompanied by an attorney whose trial experiences have been approved under this rule or who is exempt from this rule, and the other attorney is present throughout the hearing or trial; or
(2) observation of an entire contested testimonial-type trial or hearing. Should the trial or hearing conclude prior to a final decision by the trier of fact, it shall be sufficient if one party has completed the presentation of its case.
(c) Trial Experiences Required. An attorney must complete ten (10) trial experiences. The required trial experiences may be gained by any combination of (b)(1) or (b)(2) but must include the following:
(1) three (3) civil jury trials in a Court of Common Pleas, or two (2) civil jury trials in Common Pleas plus one (1) civil jury trial in the United States District Court for the District of South Carolina;
(2) three (3) criminal jury trials in General Sessions Court, or two (2) criminal jury trials in General Sessions plus one (1) criminal jury trial in the United States District Court for the District of South Carolina;
(3) one (1) trial in equity heard by a circuit judge, master-in-equity, or special referee in a case filed in the Court of Common Pleas;
(4) two (2) trials in the Family Court; and
(5) one (1) hearing before an Administrative Law Judge or administrative officer of this State or of the United States. The hearing must be governed by either the South Carolina Administrative Procedures Act or the Federal Administrative Procedure Act, and the hearing must take place within South Carolina.
(d) When Trial Experiences May be Completed. Trial experiences may be completed any time after the completion of one-half ( 1/2 ) of the credit hours needed for law school graduation.
(e) Certificate to be Filed. The attorney shall file with the Supreme Court a Certificate showing that the trial experiences have been completed. This Certificate, which shall be on a form approved by the Supreme Court, shall state the names of the cases, the dates and the tribunals involved and shall be attested to by the respective judge, master, referee or administrative officer.
(f) Attorneys Admitted in Another State. An attorney who has been admitted to practice law in another state, territory or the District of Columbia for three (3) years at the time the attorney is admitted to practice law in South Carolina may satisfy the requirements of this rule by providing proof of equivalent experience in the other jurisdiction for each category of cases specified in (c) above. This proof of equivalent experience shall be made in the form of an affidavit which shall be filed with the Supreme Court.
(g) Circuit Court Law Clerks and Federal District Court Law Clerks. A person employed full time for nine (9) months as a law clerk for a South Carolina circuit court judge or as a law clerk for a Federal District Court Judge in the District of South Carolina may be certified as having completed the requirements of this rule by participating in or observing two (2) family court trials which meet the requirements of (c)(4) above. A part-time law clerk may be certified in a similar manner if the law clerk has been employed as a law clerk for at least 1350 hours. The law clerk must submit a statement from a judge or other court official certifying that the law clerk has been employed as a law clerk for the period required by this rule. A Certificate (see (e) above) must be submitted for the family court trials.
(h) Appellate Court Law Clerks and Staff Attorneys. A person employed full time for eighteen (18) months as a law clerk or staff attorney for the Supreme Court of South Carolina or the South Carolina Court of Appeals may be certified as having completed the requirements of this rule by participating in or observing two (2) trials. Each trial must meet the requirements of (c)(1), (2) or (4) above, and only one (1) family court trial may be used. A part-time law clerk or staff attorney may be certified in a similar manner if the law clerk or staff attorney has been employed as a law clerk or staff attorney for at least 2700 hours. The law clerk or staff attorney must submit a statement from a judge, justice or other court official certifying that the law clerk has been employed as a law clerk or staff attorney for the period required by this rule. A Certificate (see (c) above) must be submitted for the trials.
(i) Federal Bankruptcy Law Clerks. A person employed full time for nine (9) months as a law clerk for a Federal Bankruptcy Judge in South Carolina may be certified as having completed the requirements of this rule by participating in or observing two (2) civil trials which meet the requirements of (c)(1) above, three (3) criminal trials which meet the requirements of (c)(2) above, and two (2) family court trials which meet the requirements of (c)(4) above. A part-time law clerk may be certified in a similar manner if the law clerk has been employed as a law clerk for at least 1350 hours. The law clerk must submit a statement from a judge or other court official certifying that the law clerk has been employed as a law clerk for the period required by this rule. A Certificate (see (e) above) must be submitted for the trials.
(j) Approval or Disapproval. The Court will notify the attorney if the trial experiences submitted in the Certificate or affidavit have been approved or disapproved.
(k) Confidentiality. The confidentiality provisions of Rule 402(i), SCACR, shall apply to all files and records of the Clerk of the Supreme Court relating to the administration of this rule. The Clerk may, however, disclose whether an attorney's trial experiences have been approved and the date of that approval.
Notice of approval or disapproval of the trial experiences should be sent to:
NAME: _____________________________________________________________ STREET OR P. O. BOX: ______________________________________________ STATE and ZIP: ____________________________________________________ TELEPHONE NO. (Home)(____)____________ (Work)(____)________________