Rule 4 – Process

by | May 14, 2021 | Civil Procedure, South Carolina

(a) Summons: Issuance. The summons shall be issued by plaintiff or plaintiff’s attorney. Copies of the original summons shall be served upon each defendant. (b) Same: Form. The summons shall be signed by the plaintiff or his attorney, contain the name of the...

Rule 3 – Commencement of Action

by | May 14, 2021 | Civil Procedure, South Carolina

(a) Commencement of civil action. A civil action is commenced when the summons and complaint are filed with the clerk of court if: (1) the summons and complaint are served within the statute of limitations in any manner prescribed by law; or (2) if not served within...

Rule 2 – One Form of Action

by | May 14, 2021 | Civil Procedure, South Carolina

There shall be one form of action to be known as “civil action.” S.c. R. Civ. P. 2 These Rules are the same as Federal Rules 1 and 2 except the name of the State. Rule 81 provides that the Rules will apply also to Magistrate’s, Probate and Family...

Rule 1 – Scope of Rules

by | May 14, 2021 | Civil Procedure, South Carolina

These rules govern the procedure in all South Carolina courts in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of...