S.C. Code Regs. 67-215 - Motions

A. This regulation governs motions practice at all levels of proceedings before the Commission. A party may file a motion when a form is not applicable. The Commission will accept motions including, but not limited to, a motion
(1) Relating to a subpoena or discovery;
(2) Relating to the appointment of a Guardian ad Litem;
(3) Relating to an attorney's appearance, withdrawal, or fee;
(4) Relating to a claim pending Commission review;
(5) Relating to postponing or adjourning a hearing;
(6) Relating to self-insurance privileges;
(7) Relating to penalties and or interest;
(8) Relating to third party practice.
B. The Commission will not address a motion involving the merits of the claim, including, but not limited to, a motion for
(1) dismissal; or
(2) summary judgment.

The single Commissioner or Full Commission may entertain motions to reconsider an order, opinion, or award if the purpose of the motion is not an attempt to reargue the merits of the dispute. Any motion for reconsideration must be made within five (5) days of the date that the order, opinion, or award is served, and shall not be made if any party already has filed an appeal of the order, opinion, or award. If a motion for reconsideration is properly filed consistent with the provisions of this subsection, the order, opinion, or award under reconsideration is not considered final until the motion for reconsideration has been disposed of by the single Commissioner or Full Commission.

C. The Commission does not provide a form for a motion. A motion shall contain a complete caption of the case including the title of the action, the state and county in which the injury occurred, the Commission's name, the workers' compensation file number, and a designation of the relief or order sought.
D. The body of the motion shall contain numbered paragraphs each limited to a statement of a single set of circumstances. The final paragraph of the motion shall state specifically the relief or order sought.
(1) If the grounds on which the motion or reply depend is based on the existence of facts not in the Commission's file, the moving party shall file an affidavit or affidavits evidencing those facts. The opposing party may file an affidavit or affidavits in reply.
(2) If the motion or reply depends on the existence of facts in evidence or are admitted in forms on file with the Commission, the party shall cite the document and page number.
E. When the claimant or an uninsured employer is not represented by an attorney, the moving party shall serve the motion by personal service or by certified mail, return receipt requested, delivery restricted to the addressee.
(1) When service is by certified mail, service is complete the date of the addressee's receipt of the mailing as indicated by the signed certified return receipt. Otherwise, the moving party shall serve the motion by any of the methods listed or by depositing the motion in the United States Postal Service, first class postage, addressed to the appropriate party.
(2) If the mailing is returned, service may be completed pursuant to the South Carolina Rules of Civil Procedure.
F. The moving party shall file the motion and proof of service with the Judicial Department, and may attach a memorandum in support of the motion. The opposing party may file a memorandum in reply within ten days of service of the motion. The parties may agree to an extension by filing a written consent. Failure to respond is deemed a general denial. No further memoranda are allowed, unless requested by a Commissioner or the Commission.
G. The jurisdictional commissioner or Full Commission, if an appeal is pending, may consider the motion after the opposing party has had ten days' notice of the motion, and shall grant or deny the relief requested.
(1) The jurisdictional commissioner may hear the motion in any county or by telephone conference call; however, a hearing is not required.
(2) The jurisdictional commissioner shall issue a written decision to be filed with the record and served on all parties.
H. All motions filed by a party represented by an attorney shall contain an affirmation that prior to filing the motion, the movant's counsel communicated, verbally or in writing, with opposing counsel and attempted in good faith to resolve the matter contained in the motion, unless the movant's counsel certifies that consultation (1) would serve no useful purpose or (2) could not be timely held.


S.C. Code Regs. 67-215
Amended by State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 21, Issue No. 4, eff April 25, 1997; State Register Volume 42, Issue No. 02, eff. 2/23/2018.

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