SCRCP 77

(a) Courts Always Open. The courts of this State shall be deemed always open for

the purpose of filing any pleading or other proper paper, or issuing and returning

mesne and final process, and of making and directing all interlocutory motions, orders

and rules.

(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be

conducted in open court and so far as convenient in a regular courtroom. All other

acts or proceedings may be done or conducted by a judge in chambers, without the

attendance of the clerk or other court officials and at any place either within or

without the circuit, but no hearing, other than one ex parte or one upon motions

subsequent to trial, shall be conducted outside the circuit without the consent of all

parties affected thereby.

(c) Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in

attendance shall be open during business hours on all days except Saturdays, Sundays

and legal holidays. All motions and applications in the clerk's office for issuing mesne

process, for issuing final process to enforce and execute judgments, for entering

defaults, and for other proceedings which do not require allowance or order of the

court are grantable of course by the clerk; but his action may be suspended or altered

or rescinded by the court upon motion for cause shown.

(d) Notice of Orders or Judgments. Immediately upon the entry of an order or

judgment the clerk shall serve a notice of the entry by first class mail upon every party

affected thereby who is not in default for failure to appear, and shall make a note in

the case file or docket sheet of the mailing. For parties proceeding in the SCE-File

electronic filing system, the clerk shall serve a notice of the entry by electronically

transmitting a Notice of Electronic Filing to all parties. Such mailing or electronic

transmission shall not be necessary to parties who have already received notice. Such

mailing or electronic transmission is sufficient notice for all purposes for which notice

of the entry of an order or judgment is required by these rules; but any party may in

addition serve a notice of entry on any other party in the manner provided in Rule 5

for the service of such papers. In addition to the above, in post-conviction relief

actions, the post-conviction relief judge shall submit the signed order or judgment to

the clerk of court for filing and the clerk shall promptly provide notice of the entry of

judgment and serve a copy of the signed order to the parties. Pursuant to Rule 5(b)

service shall be made solely on the attorney when the applicant is represented by

counsel and, where an applicant is proceeding pro se, service shall be made upon the

applicant at the last known address provided to the clerk by the applicant.

Note to 2014 Amendment:

This amendment requires the clerk to serve notice of entry of an

order or judgment through the SCE-File electronic filing system for all

parties who are proceeding in the electronic filing system. Any party

or the attorney for a party who is a traditional filer and not

proceeding in the electronic filing system must be served by first class

mail as provided in paragraph (d).

(e) Cancelling or Ordering Terms of Court. No term of court shall be cancelled nor

additional term scheduled without the prior approval of the Chief Justice. When the

local bar requests that a week of common pleas court be not held, or the solicitor

requests that a week of general sessions court be not held, the clerk shall immediately

notify the Court Administrator of this State.

Note:

This Rule 77 is substantially identical to the Federal Rule and present

State practice. The only additions are the requirement in Rule 77(d)

that the Clerk mail notice of entry of orders or judgment, unless (as is

customary) they have been notified, usually by the judge; and Rule

77(e) preserves present Circuit Court Rule 83.

Note to 2004 Amendment:

The 2004 amendment clarified the process for clerks of court

providing notice of entry of judgment and copies of the final signed

order to the parties. It made clear that service is to be made on the

attorney of a represented applicant and only on applicants when they

are proceeding pro se.

Last amended by Order dated April 15, 2014.