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S. C. Code §§ 38-77-710 et seq. of the South Carolina Code of Laws authorizes the use of attorney panels to arbitrate automobile damage liability claims. Cases entering arbitration are recorded on a separate Arbitration Panel Docket, and processed as Common Pleas cases. (See 6.7.2 below). Appeals from Arbitration Panel decisions are processed as Common Pleas cases.

Matters appealed to the Circuit Court from Magistrate Court (civil and criminal), Municipal Court, Probate Court, and administrative or regulatory agencies (such as the S.C. Worker's Compensation Commission) are all treated as new cases in the Common Pleas Court. This includes criminal appeals from magistrate and municipal courts. Petitions for judicial review of orders or decisions of the Chief Insurance Commissioner must be heard in Richland County but may be filed in any county. Filing fees are required, except for criminal appeals from summary court and actions pursuant to State Employment Security law. All appeals to the Circuit Court are non-jury cases. Appeals generally take precedence over regular civil cases on the non-jury roster. Reference: Rule 74, SCRCP

A form Notice of Appeal is filed with the Circuit Court by a party appealing a decision from magistrate or probate court. These types of appeals will be filed as a Common Pleas case and are of a non-jury type. The supporting documents, however, will be received from the court or administrative agency from which the appeal is taken and the case will automatically be placed on the non-jury motion calendar.

Motion Fee Disputes: When there is a motion fee dispute between the attorney and the clerk, the judge is to make the final decision as to whether the fee should be assessed. The judge should only be involved when the resolution of the dispute over the assessment of a motion fee is necessary. The Motion and Order Information Form and Coversheet provides documentation for situations when there is a motion fee dispute between the attorney and the clerk.

G. Appeal - If an appeal is taken from an arbitration decision, it will be considered a new Common Pleas case, will receive a new CP number, and processed accordingly. 2b1af7f3a8