Home › South Carolina › South Carolina Rules of Evidence › Rule 101

Court Rules Network • courtrules.net

SCRE 101

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 101 Scope

Article I. General Provisions

Next → Rule 102: Purpose and Construction

Rule Text

Except as otherwise provided by rule or by statute, these rules govern proceedings in the courts of South Carolina to the extent and with the exceptions stated in Rule 1101.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

These evidence rules set the basic guidelines that South Carolina courts follow when deciding what proof can be used in a case. They apply broadly to court proceedings across the state, unless another rule or a law says otherwise.

There are some exceptions to when these rules apply, and those are listed in a separate rule (Rule 1101). For example, certain types of hearings or proceedings might not follow the full evidence rules. So while these rules cover most situations you'll encounter in court, it's worth checking Rule 1101 if you're dealing with a special type of hearing to see if different standards apply.

In simple terms, this rule just tells you that the evidence rules are the main playbook for South Carolina courts, with a few carved-out situations where different rules take over.

Committee Notes

Note:

This rule differs from the federal rule in two regards. First, the phrase "except as otherwise provided by rule or by statute" is added to make it clear that statutes or other rules promulgated by the Supreme Court may limit the applicability of these rules. An example of such a rule is Rule 11 of the South Carolina Administrative and Procedural Rules for Magistrate's Court which provides that the rules of evidence apply in civil actions before the magistrate's court, but allows those rules to be relaxed in the interest of justice. Second, the phrase "courts of South Carolina" has been substituted for the phrase "courts of the United States, and before the United States bankruptcy judges and United States magistrate judges." Rule 1101 provides greater detail regarding the applicability of these rules in various proceedings.

Next → Rule 102: Purpose and Construction

Cross-References

References (1)

SCRE Rule 1101

Bluebook Citation

SCRE 101

This Rule Set

View All SCRE Rules

Last updated: August 2026

Report an error