H 4732

South Carolina General Assembly
126th Session, 2025-2026
Bill 4732
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 38-77-720, RELATING TO PROPERTY DAMAGE LIABILITY CLAIMS ARBITRATION
FEES AND ARBITRATOR COMPENSATION, SO AS TO INCREASE FEES AND COMPENSATION; BY
AMENDING SECTION 38-77-730, RELATING TO ARBITRATION CLAIM FILINGS, SO AS TO
REVISE FILING REQUIREMENTS; BY AMENDING SECTION 38-77-740, RELATING TO
ARBITRATION CLAIM HEARINGS, SO AS TO PROVIDE ARBITRATORS MAY AWARD REASONABLE
ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY; AND BY AMENDING SECTION
38-77-770, RELATING TO THE RIGHT TO A DE NOVO APPEAL OF ARBITRATOR DECISIONS,
SO AS TO PROVIDE ARBITRATOR DECISIONS ARE ADMISSIBLE AS SUBSTANTIVE EVIDENCE OF
LIABILITY, DAMAGES, OR BOTH.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 38-77-720 of the S.C. Code is amended to read:
    Section
38-77-720. (a) The order of
reference shall establish a panel of arbitrators,
each of whom must be a member of the bar and the members must be selected for
service in particular cases on some fair rotation basis.  Three arbitrators
shall hear and determine each case and the decision of two of the three
arbitrators shall determine the issue.  However, the parties to the dispute
may, by agreement, provide for determination of the disputed claim by one
arbitrator.
    (b)
Each arbitrator assigned to determine the claim may be compensated, not to
exceed thirty-fivefour hundred
dollars for his services and time, payable out of the funds of the court and
which may not be taxable as costs to either party.
    (c)
The claimant who is the moving party in seeking arbitration shall pay to the
clerk of court a fee of tenfifty
dollars.  Five Twenty-five dollars
must be retained by the clerk as the cost of filing the claim and final
judgment and fivetwenty-five
dollars must be used to pay the cost of service on the other party or parties.
SECTION 2.  Section 38-77-730(b) of the S.C. Code is amended to
read:
    (b) The claim must be filed with the
clerk of court in the county in which the cause of action arose or where the
plaintiff or defendant resides.  The claim must be filed in
triplicate with the clerk of court on forms to be provided by him.  The
forms shall set forth the names of the parties, the date and place of the
accident, and the amount of property damage claimed.  The clerk shall file one
copy in his office, and one copy must be served upon the defendant as provided
by law for service of summons and complaints.  The sheriff, or such other
person, shall promptly serve the claim upon the defendant and shall receive the
sum of fivetwenty-five
dollars to defray the cost of securing this service.  The sheriff, or such
other person, serving the process shall promptly file an affidavit of personal
service with the clerk of court on forms to be provided by the clerk.
SECTION 3.  Section 38-77-740 of the S.C. Code is amended by
adding:
    (d) The arbitrators, or the single
arbitrator, may award the prevailing party reasonable attorney's fees and
costs.
SECTION 4.  Section 38-77-770 of the S.C. Code is amended to read:
    Section
38-77-770. If any party is dissatisfied with the decision of the arbitrators,
or the single arbitrator, he may appeal within twenty days of the decision to
the court in which the claim is filed by service upon the other parties of a
notice of appeal. Every notice of appeal shall include a statement under oath
that the appeal is taken in good faith and not merely for the purpose of delay.
The trial on appeal must be a trial de novo, where the
decision of the arbitrators, or the single arbitrator, shall be admissible as
substantive evidence of liability, damages, or both.
SECTION 5.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 17, 2025 at 01:41 PM