Motion Fee Schedule

Effective July 1, 2002, Act Number 329 of 2002 amended the Code of Laws by adding Section 8-21-320, which requires a fee of $25 to be collected for every motion made in the Court of Common Pleas and Family Court. The fee does not apply to family court juvenile delinquency proceedings, nor to family court matters involving rules to show cause in child and spousal support matters. The legislation also exempts certain matters involving indigents as provided in the Order of the Chief Justice dated June 26, 2002. The fee shall not be imposed on any motions in the Court of General Sessions. The revenues from the motion fee must be separately transmitted to the state treasurer to be used exclusively by the Judicial Department.

Rule 7(b)(1), SCRCP generally provides that all motions must be made in open court or in writing. All written, filed motions that fall into this definition and do not fall under the exceptions stated in the paragraph above require the $25 fee. All matters traditionally exempt from a filing fee do not carry the $25 fee on motions subsequently made in those cases. In those instances where it is not clear whether the motion fee applies, the applicable statute or rule should serve as a guide. If the word application, petition, motion, or affidavit appears in the statute or rule and no exemption applies, the motion fee should be assessed.

On August 16, 2002, I issued a memorandum concerning this matter. After reviewing numerous suggestions from the Bar and court personnel, I present you with an updated listing as a guide to promote uniformity in the application of the $25 motion fee. These changes are effective as of today’s date and shall not be retroactively applied. We will continue to monitor the situation, and inform you of any additions or changes to this list. If you have any questions or suggestions, please contact Court Administration at 803-734-1800.

  1. A. Motions Requiring the $25 Fee
  2. B. Motions Requiring Fee With Special Conditions
  3. C. Motions With No Fee
  1. Motion for Court Approved Settlement: $25.
  2. Motion for Release of Counsel: $25.
  3. Consent Orders: $25. (See Rule 43(k), SCRCP; See also C.14 for special circumstance).
  4. Supplemental Pleadings: Rule 15(d), SCRCP: $25.
  5. Motion for Default Judgment: Rule 55, SCRCP: $25, regardless of whether damages are liquidated or unliquidated. No further fee required if proposed order presented ten days later.
  6. Motion for New Trial: Rule 59, SCRCP: $25, if made in writing after the conclusion of the trial.
  7. Motion to Alter or Amend Judgment: Rule 59(e): $25, if made in writing after the conclusion of the trial.
  8. Motion to Amend a Motion: $25.
  9. Motion to Intervene: Rule 24, SCRCP: $25.
  10. Motion Requesting Physical and/or Mental Examination: Rule 35, SCRCP: $25.
  11. Motion for Amendment of Judgment: Rule 52(b), SCRCP: $25.
  12. Motion for Summary Judgment: Rule 56, SCRCP: $25.
  13. Motion for Relief from Judgment or Order: Rule 60, SCRCP: $25.
  14. Motion for Seizure of Person or Property: Rule 64, SCRCP: $25
  15. Motion for Execution or Assistance: Rule 70, A: $25.
  16. Motion for Appointment of Receiver: Rule 66, SCRCP: $25.
  17. Single Motion Applied to Multiple Cases: $25 Per Case.
  18. Subsequent Motions to Master: $25.
  19. Motion to Restore to Active Docket After Bankruptcy: $25.
  20. Motion for Order Updating Judgment Figures due to Stay Caused by Bankruptcy: $25.
  21. Motion for Admission Pro Hac Vice: Rule 404, SCACR: $25 Per Case.
  22. Rule to Show Cause in Family Court for Non-Payment of Previously Court Ordered Fees: $25.
  23. Motion to Reduce or Increase Child Support: $25.