October 3, 2007
On September 7, 2007 Chief Justice Jean Toal ordered the establishment of a pilot program in South Carolina establishing a business court in the circuit courts of the state to handle complex business, corporate, and commercial matters. Effective October 1, 2007, certain civil matters properly filed and subject to jurisdiction and venue in Charleston, Greenville, and Richland counties or properly transferred to one of these counties can be assigned to the business court. The civil matters that the business courts have jurisdiction over, irrespective of amount in controversy, are matters where the principal claim or claims are filed under the following: Title 33 - South Carolina Business Corporation Act of 1988; Title 35 - South Carolina Uniform Securities Act of 2005; Title 36, Chapter 8 - South Carolina Uniform Commercial Code: Investment Securities; Title 39, Chapter 3 - Trade and Commerce: Trust, Monopolies, and Restraints of Trade; Title 39, Chapter 8 - Trade and Commerce: The South Carolina Trade Secrets Act; Title 39, Chapter 15 - Trade and Commerce: Labels and Trademarks; or other cases as the Chief Justice determines.
Procedurally, cases may be assigned to the business courts by the Chief Justice sua sponte or at the request of counsel. Counsel must make a request to the business court judge for assignment at least 180 days after the commencement of the action. Thereafter and through Court Administration, the business court judge will make a recommendation to the Chief Justice regarding the request. The Chief Justice's decision on whether assignment is appropriate will be provided "by Court Administration to counsel of record, the assigned business court judge, chief judge for administrative purposes (civil), and clerk of court for the respective pilot county." If the assignment is approved, the applicable business court will be granted exclusive jurisdiction. This assignment does not waive the parties' right to a jury trial. After exclusive jurisdiction is granted, the business court will coordinate with Court Administration and the chief judge for administrative purposes (civil) to schedule hearings and/or the trial. All orders by the business court judges on motions to dismiss and motions for summary judgment will be in writing and available online.
Three circuit court judges have been assigned to preside over the business courts in the three counties of establishment. The Honorable Roger W. Young will preside in Charleston County. The Honorable Edward W. Miller will preside in Greenville County. The Honorable J. Michelle Childs will preside in Richland County.
The benefits of these business courts will be realized after implementation but hope to develop judicial expertise, develop consistent case law on reoccurring issues, provide scheduling relief to the circuit courts, implement standard procedures, promote the efficient use of the judicial system, provide economic stimulus to the community and promote the use of technology. The Chief Justice will monitor this program for efficiency and proper use of judicial resources and will exist for two years unless it is modified or rescinded by the Chief Justice prior to that time.
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