H 3228

South Carolina General Assembly
126th Session, 2025-2026
Bill 3228
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 14-7-1050, RELATING TO JURY VOIR DIRE, SO AS TO PROVIDE FOR
ATTORNEY-CONDUCTED JURY VOIR DIRE BY ORAL AND DIRECT QUESTIONING; BY AMENDING
SECTION 14-7-1060, RELATING TO THE DRAWING OF JURY PANELS, SO AS TO PROVIDE
THAT THE NUMBER OF JURORS TO BE DRAWN IS WITHIN THE DISCRETION OF THE TRIAL
JUDGE; AND BY AMENDING SECTION 14-7-1080, RELATING TO THE DRAWING OF SECOND
JURY PANELS, SO AS TO REMOVE THE REQUIREMENT THAT PANELS MUST BE MADE UP OF
TWENTY JURORS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 14-7-1050 of the S.C. Code is amended to read:
    Section
14-7-1050. In the trial of all actions at law in the
courts of common pleas and issues ordered to be framed by the judge in equity
cases in the courts, the clerk in the manner provided by Section 14-7-1060
shall furnish the parties or their attorneys with a list of twenty jurors from
the whole number of jurors who are in attendance, the names on the list to be
numbered from one to twenty, and be stricken off by numbers in the same manner
as the regular panels of jurors in those courts have been formed.  From this
list the parties or their attorneys shall alternatively strike, until there are
but twelve left, which shall constitute the jury to try the case or issue.  In
all cases the plaintiff shall have the first strike and in all civil cases any
party shall have the right to demand a panel of twenty competent and impartial
jurors from which to strike a jury.(A) In the trial of all actions in the courts of common pleas and
issues ordered to be framed by the judge in equity cases in the courts, the
parties have the right to conduct voir dire, by oral and direct questioning, of
the jury panel from which the trial jury is to be selected. The voir dire must
be conducted after the administration of a preliminary oath, the swearing in of
the jury panel, and a short, nonargumentative statement of the case by the trial
judge.
    (B)(1) The scope of the voir dire is
within the limits set forth by the trial judge.
       (2) The purpose of the voir dire is to
discover any inclinations, leanings, or bias which the jurors might have with
regard to the circumstances of the case.
    (C) Upon motion, by either party, to
propose oral and direct voir dire questions to a jury panel, the parties shall
prepare their proposed questions in writing and exchange the questions at least
seven days before the selection of the trial jury. Any objections to the voir
dire questions must be ruled upon by the trial judge who shall give final
approval of the questions. Each party is allotted no more than thirty minutes
to ask questions. If there is more than one plaintiff or one defendant with
divergent interests between the plaintiff parties or defendant parties, the
trial judge shall allocate an even amount of time between the parties to voir
dire the jury panel. Upon motion, by either party, the thirty minute time limit
may be extended by the judge after consideration of the amount of time
requested by the moving party, the length of the trial, the number of parties,
the number of witnesses, the amount of damages in question, and any unique or
complex legal or factual issues.
    (D) After swearing in of the jury
venire, a list of jurors, the number of which will be determined by the trial
judge, will be prepared to participate in voir dire. Attorneys for the
plaintiff shall begin voir dire by asking their approved questions. Attorneys
for the defendant will then proceed with their approved questions. Additional
questions may be asked in a manner in which the trial judge deems proper and
within the scope set forth by the trial judge.
    (E) A party may not ask the following
questions without showing, to the satisfaction of the trial judge, that the
question is relevant to the issue or would affect the juror's impartiality:
       (1) questions about the juror's
political views, voting patterns, or political party preferences; or
       (2) questions about the juror's
religious beliefs or religious affiliations.
    (F) The following questions are
prohibited:
       (1) questions that seek to commit a
juror to a result including, but not limited to, questions about what evidence
would cause the juror to find for one party over the other party;
       (2) questions that have no purpose
other than to argue a party's case or to persuade the juror to find for one
party over the other party; and
       (3) questions about the outcome of
previous trials on which the person served as a juror including, but not
limited to, the vote of the juror or the verdict of the jury.
    (G) After voir dire by all parties,
the trial judge shall hear, outside of the presence of the jury, any challenges
for cause as to any juror.
    (H) After any challenges for cause
have been ruled upon, the parties shall exercise peremptory challenges for the
jurors remaining on the list. The plaintiff shall proceed first with a
peremptory challenge, followed by the defendant, and the plaintiff and
defendant shall alternate challenges until all challenges have been exhausted.
After the parties have used all of their peremptory challenges, the remaining
jurors will be impaneled and sworn as the trial jury.
SECTION 2.  Section 14-7-1060 of the S.C. Code is amended to read:
    Section
14-7-1060. If a computer is not used for the drawing of jurors pursuant to the
provisions of Section 14-7-140, the clerk shall write or cause the names of the
jurors in attendance to be written, each on a separate paper or ballot which
must be white and plain, which must resemble each other as much as possible,
and which must be so folded that the name written thereon is not visible on the
outside.  The clerk shall place each of the ballots or separate papers in a
separate, small opaque capsule or container, which must be as uniform in size,
shape, and color as possible at the time of original purchase or repurchase of
the capsules or containers. Whenever a jury panel of
twenty is to be drawn, these capsules or containers must be placed in a
small rotating drum, cylindrical in shape, having a handle at the end thereof
and resting on such supports that it can be turned by means of the handle, the
drum, capsules, and other equipment to be furnished by the jury commissioners
and approved by the resident judge.  When the containers or capsules have been
placed in the drum, it must be completely closed and securely fastened and
rotated by means of the handle for a sufficient length of time necessary for a
complete mixing of the containers or capsules and the
required number of jurors, the number of which will
be determined by the trial judge, must then be drawn, one by one, by a
responsible and impartial person designated by the clerk of court, with the
approval of the presiding judge.  The names of the jurors so drawn must be
returned to the capsules and replaced in the drum when the jurors are no longer
actually engaged in service on a trial jury.
SECTION 3.  Section 14-7-1080 of the S.C. Code is amended to read:
    Section
14-7-1080. Should the jury charged with any case be delayed in rendering its
verdict so that it could not be present to be drawn from in making the list to
form a second jury, then the clerk shall present to the parties or their
attorneys a list containing the names of twenty jurors
to be drawn by the clerk from the remaining jurors in the manner provided in
Section 14-7-1050, from which list the parties or their attorneys shall
alternately strike, as provided in Section 14-7-1050 until twelve are left who
shall constitute the jury.
SECTION 4.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 06, 2024 at 10:46 AM