The Successes of the S.C. Business Court Pilot Program

By Pamela J. Roberts, Carmen Harper Thomas and Cory E. Manning

The S.C. Business Court Pilot Program, which began on October 1, 2007, was renewed for an additional two years by order of Chief Justice Jean H. Toal on October 13, 2009. An evaluation of the pilot program showed that lawyers around the state had overall positive experiences with the program and support its continuation. This article describes the results of the evaluation undertaken during the summer of 2009, which recommended renewal of the program and provided suggestions for how the program can accomplish its primary purpose of creating an efficient forum to resolve complex business disputes.

Introduction to the program

More than two years ago, the South Carolina Bar’s Task Force on Courts (the “task force”) analyzed business courts across the country and identified a structure suited to the needs of business litigants in South Carolina. The task force determined that South Carolina needed a forum to hear business disputes based on several factors: (1) business relationships are complex; (2) the body of law governing many business disputes depends on interpretation of complex statutes; and (3) such specialized courts can promote predictability in resolving disputes, which would contribute to efficient business operations and a more competitive business community.

In its research, the task force recognized the following best practices for a business court: (1) assignment of a matter to a single judge for the life of the matter; (2) development of a body of case law through written opinions; (3) management of a business court program by a single gatekeeper; and (4) the use of technology in resolving disputes. The task force’s report and recommendations, which included these best practices, were adopted by a vote of the South Carolina Bar House of Delegates on May 31, 2007. On September 7, 2007, Chief Justice Toal issued the administrative order creating the Business Court Pilot Program, Order 2007-09-07-01.

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