S.C. C.J. Admin. Order No. 2025-08-20-02

The Supreme Court of South Carolina

Re: Business Court Program

Appellate Case No. 2024-001251

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ADMINISTRATIVE ORDER

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Pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution,

(a) Statewide Business Court Program. The Business Court Program shall

cover all counties statewide. When a Business Court case is filed, the Chief Business

Court Judge for Administrative Purposes (Chief Business Court Judge) may assign

exclusive jurisdiction over the case to any Business Court Judge. The Business

Court Judge shall retain jurisdiction over the case regardless of where the judge is

assigned to hold court and may schedule such hearings as may be necessary at any

time without regard to whether there is a term of court scheduled.

(b) Chief Business Court Judge for Administrative Purposes. The Chief

Business Court Judge is authorized, on a statewide basis, to sign for the Chief Justice

in the acceptance or denial of cases to the Business Court. This authority includes

the ability to assign individual cases to the Business Court Judges, and to perform

other duties as required by this Order. The Honorable Maite Murphy shall serve as

the Chief Business Court Judge for Administrative Purposes.

(c) Designation of the Business Court Judges. In addition to their other duties

as circuit court judges, the following judges will preside as Business Court Judges:

(1) The Honorable G.D. Morgan, Jr.;

(2) The Honorable J. Derham Cole;

(3) The Honorable Diane Schafer Goodstein;

(4) The Honorable Jessica Salvini;

(5) The Honorable J. Mark Hayes II;

(6) The Honorable R. Lawton McIntosh;

(7) The Honorable Walton J. McLeod, IV;

(8) The Honorable Courtney Clyburn Pope;

(9) The Honorable Carmen T. Mullen;

(10) The Honorable Maite Murphy;

(11) The Honorable William McGee;

(12) The Honorable Milton G. Kimpson;

(13) The Honorable William H. Seals, Jr.; and

(14) The Honorable S.B. Doby.

(d) Jurisdiction of the Business Court. Without respect to the amount in

controversy, civil matters in which the principal claim or claims are made under the

following Titles of the South Carolina Code of Laws are appropriate matters to be

assigned to the Business Court:

(1) Title 33—South Carolina Business Corporation Act of 1988;

(2) Title 35—South Carolina Uniform Securities Act of 2005;

(3) Title 36, Chapter 8—South Carolina Uniform Commercial Code:

Investment Securities;

(4) Title 39, Chapter 3—Trade and Commerce: Trusts, Monopolies, and

Restraints of Trade;

(5) Title 39, Chapter 8—Trade and Commerce: The South Carolina Trade

Secrets Act;

(6) Title 39, Chapter 15—Trade and Commerce: Labels and Trademarks;

or

(7) Any other matter deemed appropriate by the Chief Business Court

Judge.

(e) Management and Disposition Procedures for Business Court.

(1) Assignment of cases to the Business Court may be made by the Chief

Business Court Judge sua sponte or at the request of counsel. Counsel's

request for Business Court assignment must be made on SCCA BC Form 101

and filed in the appropriate county. Counsel must also forward a copy of

SCCA BC Form 101 to businesscourt@sccourts.org.

(2) The Chief Business Court Judge will then forward SCCA BC Form 101

to a Business Court Judge for consideration and recommendation. Upon

receipt of the SCCA BC Form 101, the Business Court Judge shall make a

recommendation to the Chief Business Court Judge regarding assignment of

the case to the Business Court.

(3) If the request is approved, the Chief Business Court Judge shall issue

an order assigning exclusive jurisdiction over the case to one of the Business

Court Judges. The Chief Business Court Judge has the discretion to assign a

Business Court case arising from any county to any of the Business Court

Judges. The assignment order shall be provided to counsel of record, the

assigned Business Court Judge, the Chief Judge for Administrative Purposes

(civil) where the case is filed, and the Clerk of Court for the respective county.

(4) The Business Court Judge shall coordinate with the Chief Judge for

Administrative Purposes (civil) of the respective county and Court

Administration to schedule hearings and/or the trial. Assignment to the

Business Court shall not affect venue or a party’s right to a jury trial.

(5) The Chief Business Court Judge shall review the caseload activity of

the Business Court Judges periodically during the program to ensure

efficiency and appropriate use of judicial resources.

(6) To the extent available in a Business Court forum, the use of technology

by parties in matters assigned to the Business Court is encouraged. The

Business Court Judge presiding over a matter shall make the final

determination on whether the use of technology in any proceeding or

conference is warranted.

(f) Effective Date; Prior Orders Rescinded. This order is effective

immediately and shall remain in effect until amended or rescinded by the Chief

Justice. This Order supersedes all prior orders regarding the South Carolina

Business Court Program.

s/ John W. Kittredge

Chief Justice of South Carolina

Columbia, South Carolina

August 20, 2025