SC Civil Procedure, 4th Ed.: "The Standard Reference Work"


As the incoming chair of the South Carolina Bar Publications Committee, I often get to see firsthand the new releases that the Bar puts out. One book that stands out though is the newest edition of South Carolina Civil Procedure.


In the Fourth Edition of SC Civil Procedure, the South Carolina Bar has produced the standard reference work for the rules of civil procedure both in substance and practicality. The authors of this book, Professor James F. Flanagan, John S. Nichols, Professor Joel Samuels, and Associate Dean Colin Miller, have provided thorough explanations of each rule and their subparts, and they have provided updated case law to give readers the latest court interpretations and updates since the 3rd Edition came out in 2010.


SC Civil Procedure is a two volume work that proceeds in an organized fashion throughout all of the rules. Each rule is divided into its common subparts so that the reader can have a thorough and comprehensive explanation of the rule. These explanations not only clarify the rule in layman's terms, but they provide reasoning behind the rule to help the practitioner further understand the rule and its application. For example, one of the most common rules of civil procedure involves a 12(b) motion. The book first provides a breakdown of the rule so that the reader can figure out where their issue or legal motion best fits:

Next, the authors go through the rule and detail how it works and what issues to look out for. For example, when does a 12(b) motion become a motion for summary judgment under Rule 56?


What also sets this book apart, aside from the organization and extreme comprehension, is the inclusion of subject matter that is integral to civil procedure but is not found neatly and clearly defined in the actual rules. These additional chapters include subject matter jurisdiction, personal jurisdiction, venue, and res judicata. These additional chapters provide guidance for litigants in other courts that don't necessarily use the rules of civil procedure, but still need to know civil procedure:

These are just a few examples of the usefulness of this book and why it has become the standard reference work for the South Carolina Rules of Civil Procedure. For more information about the book, click here. For more information about the SC Bar committees, click here.