Motion Fee -- Update to Memorandum Issued August 16, 2002
January 15, 2003
Effective July 1, 2002, Act No. 329 of 2002 amended the Code of Laws by adding § 8-21-320, which requires a fee of $25.00 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 $25.00 fee. All matters traditionally exempt from a filing fee do not carry the $25.00 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 $25.00 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. 
A. Motions Requiring the $25.00 Fee
Motion for Court Approved Settlement: $25.00.
Motion for Release of Counsel: $25.00.
Consent Orders: $25.00. (See Rule 43(k), SCRCP; See also C.14 for special circumstance).
Rule to Show Cause in Family Court for Non-Payment of Previously Court Ordered Fees: $25.00.
Motion to Reduce or Increase Child Support: $25.00.
B. Motions Requiring Fee With Special Conditions
Motion for Referral to Master: Rule 53, SCRCP: If referred to Master by Motion or Consent of Parties: $25.00. If referred to Master by Motion of Court: No Fee.
§ 14-11-310 requires various fees to be collected in Master’s Court and retained by County. These fees will be collected in addition to the motion fee.
Supplemental Proceedings: If conducted in the Court of Common Pleas: $25.00. If conducted by Master, refer to #1 above.
Amendment of Pleadings: Rule 15(a), SCRCP: When leave of Court is required: $25.00. With consent of both parties and without leave of court: No Fee.
Third Party Practice: Rule 14, SCRCP: Defendant as Third Party Plaintiff bringing in Non-Party, if done within ten days after service of original answer: No Charge. After ten days with leave of Court: $25.00.
Joinder, Permissive Joinder, Misjoinder, and Non-Joinder of Parties: Rules 19, 20, and 21, SCRCP: If by Motion of Party: $25.00. If by Motion of the Court: No Fee.
Depositions before Action or Pending Appeal: Rule 27, SCRCP: If by Petition of Party: $25.00.
Depositions Upon Oral Examination: Rule 30, SCRCP: If leave of Court required: $25.00.
(a): Request for Jury or Non-Jury in Pleadings: No Charge.
(c): Transfer to Jury Trial Roster by Agreement: $25.00.
(d): Objection to Transfer: $25.00.
(e): Request Transfer to Jury Roster Nine Months to Twelve Months after Filing: $25.00.
(g): Motion to Strike from Jury Trial Roster: $25.00.
(i): Continuance: $25.00.
(j): Requires New Filing Fee and New Case Number: No Motion Fee.
(k): Alternate Method of Transfer to Jury Roster: $25.00.
Motion for Order of Protection from Discovery; Motion to Quash: Rules 24, 37, and 45, SCRCP: $25.00, but may be assessed to other Party by judge.
Motion for Temporary Relief in Family Court: Rule 21, SCRFC: $25.00. This Motion may include numerous standard
forms of relief, such as temporary custody, visitation, support, etc. However, only one fee charged.
Matters Involving Rule to Show Cause in Court Ordered Custody and Visitation Cases: $25.00.
Motion for Appointment of Guardian ad Litem: $25.00. If by Motion of Court: No Fee.
Motion to Restore to Active Docket in Family Court: $25.00, but no Fee if Filed by State Agency or if Indigency Case.
Motion for Substitution of Counsel: If in attorney appointed case: No fee. Otherwise: $25.00.
Motion for Order of Continuance: $25.00. If requested pursuant to Rule 601, SCACR, conflict in hearing dates: No fee.