South Carolina Motion for Summary Judgment
South Carolina compresses the clock sharply: only 10 calendar days notice before the hearing, and just 2 court days for the opposing party to serve affidavits against the motion, far short of the federal 21 day norm.
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Introduction
A South Carolina motion for summary judgment must be served on the opposing party at least 10 calendar days before the time fixed for the hearing (Rule 56(c), SCRCP). A claimant seeking judgment on a claim, counterclaim, or request for declaratory judgment may not move until 30 days after the action commenced, unless the adverse party has already served its own summary judgment motion; a defending party faces no waiting period at all and may move at any time (Rule 56(a)-(b), SCRCP). Once the motion is served, the opposing party may serve opposing affidavits, if it has any, not later than 2 court days before the hearing, a period computed under Rule 6(a), SCRCP to exclude intervening Saturdays, Sundays, and holidays because it runs less than 7 days. South Carolina sets no fixed statewide reply deadline: the movant may serve reply affidavits at any time before the hearing commences (Rule 6(d), SCRCP). Rule 56 itself sets no statewide cutoff for filing the motion before trial; that timing instead comes from the case's own scheduling order under Rule 40, SCRCP, which keeps a jury case off the trial calendar until 180 days after service of the last pleading adding a new party unless all parties consent in writing, and keeps a contested nonjury case off the calendar until 120 days after the summons and complaint, or the last pleading adding a new party, was filed unless all parties agree in writing (Rule 40(b), (h), SCRCP). The court will grant the motion if the pleadings, depositions, answers to interrogatories, admissions, and any affidavits show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (Rule 56(c), SCRCP); South Carolina's rule still uses this older genuine issue language rather than the current federal genuine dispute wording. In 2023, the South Carolina Supreme Court addressed how that standard is applied in Kitchen Planners, LLC v. Friedman, 440 S.C. 456, 892 S.E.2d 297 (2023), rejecting a mere scintilla of evidence as enough to defeat the motion and requiring instead that the non moving party's evidence support a reasonable inference in its favor, overruling prior case law to the extent it was inconsistent. A supporting affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, show the affiant is competent to testify, and have sworn or certified copies of any papers it refers to attached or served with it (Rule 56(e), SCRCP); affidavits are not mandatory, since a party may move with or without them (Rule 56(a)-(b), SCRCP). South Carolina does not require a separate statement of undisputed material facts. A motion may seek judgment on all or any part of a claim, counterclaim, or cross-claim, including on the issue of liability alone even if the amount of damages remains genuinely disputed (Rule 56(a)-(c), SCRCP), and if the court does not grant full relief it may, where practicable, identify which facts are not genuinely disputed and narrow what remains for trial (Rule 56(d), SCRCP). South Carolina has no Texas-style no-evidence motion; a movant must still point to something in the record rather than simply asserting the opponent lacks evidence. Both the party who filed the motion and the party who was served with it need to track these deadlines: if the adverse party does not respond with specific facts showing a genuine issue, summary judgment, if appropriate, shall be entered against it (Rule 56(e), SCRCP), but the court still has to find judgment appropriate, and a motion is not automatically granted just because no one opposes it. This page covers a civil motion for summary judgment in South Carolina state trial court. If you are testing the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default; and a federal civil case follows Federal Rule of Civil Procedure 56, not this state rule, and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits, and attorney review is available before you file or respond.
Key Things to Know
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A South Carolina motion for summary judgment must be served at least 10 calendar days before the hearing (Rule 56(c), SCRCP); once served, the opposing party may serve opposing affidavits, if any, not later than 2 court days before the hearing, a period that excludes intervening weekends and holidays under Rule 6(a), SCRCP.
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If you were served with a South Carolina summary judgment motion, do not assume you have the federal 21-day norm to respond: you have only 2 court days before the hearing to serve any opposing affidavits, and South Carolina sets no fixed statewide reply deadline for the movant, who may serve reply affidavits at any time before the hearing commences (Rule 6(d), SCRCP).
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A South Carolina motion for summary judgment is not automatically granted just because the opposing party does not respond; Rule 56(e), SCRCP says judgment, if appropriate, shall be entered against a non-responding party, meaning the court must still find no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.
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South Carolina's Rule 56(c) still uses the older genuine issue as to any material fact standard rather than the current federal genuine dispute wording, and in 2023 the South Carolina Supreme Court held in Kitchen Planners, LLC v. Friedman that a mere scintilla of evidence is not enough to defeat the motion; the non-movant's evidence must support a reasonable inference in its favor.
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A claimant may not move for summary judgment until 30 days after the action commenced unless the adverse party has already served its own summary judgment motion, but a defending party may move at any time with no waiting period at all (Rule 56(a)-(b), SCRCP). Rule 56 sets no statewide filing cutoff before trial; that timing instead follows the case's own Rule 40 scheduling order.
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South Carolina does not require a separate statement of undisputed material facts or a supporting memorandum of law under Rule 56's text, and any affidavit used must be made on personal knowledge, set out admissible facts, and attach or serve sworn or certified copies of any papers it references (Rule 56(e), SCRCP).
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This page covers only a South Carolina state-court motion for summary judgment. To challenge a complaint's sufficiency, see DocDraft's motion to dismiss page; to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56 and is outside the scope of this page.
Key decisions before you file
Before you file a Motion for Summary Judgment in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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South Carolina Requirements for Motion for Summary Judgment
10-Calendar-Day Notice Before Hearing
The motion for summary judgment must be served at least 10 calendar days before the time fixed for the hearing, a period that includes intervening weekends and holidays because it runs 7 days or more (Rule 56(c), SCRCP).
2-Court-Day Opposing Affidavit Deadline
The adverse party may serve opposing affidavits, if it has any, not later than 2 court days before the hearing, a period that excludes intervening Saturdays, Sundays, and holidays under Rule 6(a), SCRCP because it runs less than 7 days (Rule 56(c), SCRCP).
No Fixed Statewide Reply Deadline
The movant may serve reply affidavits at any time before the hearing commences, and the court may permit affidavits to be served at some other time than the 2-day default (Rule 6(d), SCRCP).
30-Day Waiting Period Applies Only to Claimants
A claimant may not move for summary judgment until 30 days after the action commenced, unless the adverse party has already served its own summary judgment motion; a defending party may move at any time with no waiting period (Rule 56(a)-(b), SCRCP).
No Statewide Filing Cutoff Before Trial
Rule 56 sets no statewide cutoff for filing the motion before trial; timing instead follows the case's Rule 40 scheduling order, which holds a jury case off the trial calendar until 180 days after service of the last pleading adding a new party unless all parties consent in writing, and a contested nonjury case until 120 days after the summons and complaint, or the last pleading adding a new party, was filed unless all parties agree in writing (Rule 40(b), (h), SCRCP).
Pre-2010 Genuine Issue Standard Retained
South Carolina's Rule 56(c) still uses the older genuine issue as to any material fact standard rather than the current federal genuine dispute wording adopted in the 2010 federal restyling.
2023 Reasonable-Inference Standard From Kitchen Planners
In Kitchen Planners, LLC v. Friedman, 440 S.C. 456, 892 S.E.2d 297 (2023), the South Carolina Supreme Court rejected a mere scintilla of evidence as enough to defeat summary judgment, requiring the non-movant's evidence to support a reasonable inference in its favor, and overruling prior case law to the extent inconsistent.
No Separate Statement of Undisputed Facts Required
Rule 56's text does not require a standalone separate statement of undisputed material facts or a supporting memorandum of law; affidavits used must be made on personal knowledge and attach or serve sworn or certified copies of referenced papers (Rule 56(e), SCRCP).
Partial Summary Judgment on Liability Alone
Rule 56(a)-(b), SCRCP allow judgment on all or any part of a claim, counterclaim, or cross-claim, and Rule 56(c), SCRCP expressly allows summary judgment on the issue of liability alone even if a genuine issue remains as to the amount of damages.