South Carolina’s New Fast Track Jury Trial

Last week, we here at Abnormal Use attended a CLE course offered by the South Carolina Bar on the state’s new Fast Track jury trial system. The system, authorized by an Order of South Carolina Supreme Court Chief Justice Jean Toal back in March, is a voluntary, binding jury trial before a smaller jury panel and a Special Hearing Officer selected by the parties. The Fast Track trial usually takes place within 180 days of commencement of the action.

The following points are highlights from the Chief Justice’s Order and the subsequent CLE:

First, for the Fast Track jury trial, there must be some cooperation between the parties. In fact, parties must consent to initiate the process in the first place. Once the parties consent to the Fast Track jury trial, they can stipulate to almost anything, including the admissibility of evidence, how testimony is presented, and what pre/post-trial motions are necessary. Without all these agreements, we seem to think parties would be best to keep the case on the circuit court docket.

Second, the results are binding and not appealable, so prepping the client beforehand is imperative. We imagine the smaller, Fast Track juries are just as unpredictable as their larger counterparts. Couple that with a non-judge presiding over the proceedings, and you have a potential for unexpected results – with no opportunity for appeal. As a result, Fast Track jury trials are great candidates for high-low agreements to help manage some of that risk.

Finally, Special Hearing Officers still get to wear judges’ robes. While not technically “judges,” Special Hearing Officers are at least granted the appearance in the eyes of the jury. The Fast Track system is set up to mimic the circuit court system as much as possible without expending as many of the court’s resources.

If you are practicing in the state, we encourage you to explore the Fast Track jury trial. However, we recommend leaving it to the minor car accidents and slip and falls. We doubt product manufacturers or seriously injured plaintiffs are going to want their fates tied to a system of relaxed evidence and unappealable results.

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