SC · rules
SCRE 501
General Rule
Except as required by the Constitution of South Carolina, by the Constitution of the United States or by
South Carolina statute, the privilege of a witness, person or government shall be governed by the
principles of the common law as they may be interpreted by the courts in the light of reason and
experience.
Note:
This rule modifies the federal rule to refer to the South Carolina Constitution and
statutes. Like the federal rule, this rule does not set forth a list of privileges. Among
those privileges which would be covered by this rule are: husband and wife (S.C. Code
Ann. 19-11-30); priest and penitent (S.C. Code Ann. 19-11-90); certain mental health
professionals and clients (S.C. Code Ann. 19-11-95); news media and sources (S.C.
Code Ann. 19-11-100); attorney and client [Drayton v. Industrial Life & Health Ins. Co.,
205 S.C. 98, 31 S.E.2d 148 (1944)]; privilege against self-incrimination (U.S. Const.
amend. V; S.C. Const. art. I, 12; S.C. Code Ann. 19-11-80); and the identity of a
confidential informant [State v. Hayward, 302 S.C. 75, 393 S.E.2d 918 (1990)].
Provenance
- Source
- www.sccourts.org
- Retrieved
- 2026-10-02
- Edition
- supplied-sc-04-print-version-2026-10-02
- Content hash
3acbbcce06bad6e10ffb25116519fd66d92a752d8fc7cc8c3a51680226085231
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