General Information: The Master-In-Equity Court is the only Court in South Carolina that a party cannot initiate an action. Each case heard by the Master-in-Equity Judge is assigned by a Circuit Court Judge or the Clerk of Court using a procedural device called an Order of Reference (“OOR”).  The OOR is what gives the MIE the jurisdiction to hear the matter with all the power and authority of a Circuit Court Judge sitting without a jury would have in a similar matter. 

Orders of Reference: Rule 53(b), SCRCP provides guidance on who can refer and what types of matters can be referred to the Master.  The Rule provides that a Circuit Court Judge or Clerk of Court may refer some or all of the causes of action in a case in which (1) all the parties consent to the reference, (2) default cases, and (3) actions for foreclosure.  The Rule further states that “in all other actions, the Circuit Court may, upon application of any party or upon its own motion, direct a reference [to the Master] of some or all of the causes of action in a case.”  Consequently, it is important that you ensure your OOR is being routed and signed by the appropriate person with authority pursuant to Rule 53(b), SCRCP.  Generally, a Circuit Court Judge can sign any OOR.  The Clerk of Court can sign any OOR that fits into categories (1), (2) & (3) above. [For specific guidance on Supplemental Proceedings Orders of Reference, see the Supplemental Proceedings page.]

Partition Actions: Rule 71(a), SCRCP states that partition actions “shall ordinarily be referred to the Master pursuant to Rule 53.”

Quiet Title Actions: S.C. Code §15-67-60 states that in actions to recover real property, “the court or judge thereof” shall refer the action to a Master.

Language: The last paragraph of all OORs shall contain the following language:

     The Plaintiff is responsible for paying the required Equity Court fee as set forth in South Carolina Code of Laws Section 14-11-310; however, if the Plaintiff’s case has ended, any remaining party seeking Affirmative Relief shall be responsible for the fee. For Partition Actions or Lien Foreclosures the fee amount is $100.00.  Supplemental Proceedings pursuant to Rule 69, SCRCP and S.C. Code §15-39-310 et. seq., the fee is $25.00.  In all other cases the fee is $50.00. The fee shall be paid to the Office of the Master in Equity for Beaufort County within 30 days of the date of this Order or the Master will dismiss the case and vacate the Order of Reference for non-payment of the fee without further notice.

It is recommended that on the same day the proposed OOR is filed, Plaintiff’s Counsel should consider mailing in the appropriate Equity Court Fee to the MIE Office with a copy of the filing NEF and a contact name and email address for the Plaintiff’s Law Firm