South Carolina Mock Trial Rules

Key Differences from Federal Rules of Evidence

• South Carolina adopted the SCRE in 1995 modeled on the FRE but retains the Dead Man's Statute (S.C. Code § 19-11-20)
• SCRE Rule 702 applies a reliability analysis influenced by Daubert with state-specific factors for expert testimony admissibility under State v. Council (2019)
• South Carolina provides broader protections for victim communications under SCRE Rule 505 (communications to clergy) than the FRE

Notable Rules

Key Features

• South Carolina Court of Common Pleas is the civil trial court of general jurisdiction; General Sessions handles criminal cases
• South Carolina uses a master-in-equity system for non-jury determinations in civil cases
• Mandatory mediation in civil cases required before trial scheduling in most judicial circuits

• Civil and criminal juries consist of 12 jurors
• Criminal verdicts must be unanimous
• Civil verdicts require unanimity; all 12 jurors must concur