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South Carolina Rule of Evidence: 101


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.


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.


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