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Rule 64 – Remedies for Seizure, Remedies Not Provided

May 14, 2021 | Civil Procedure, South Carolina

(a) Seizure of Person or Property. At the commencement of and during the course of an action all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by law.
(b) Remedies Not Provided. In any case where no provision is made by statute or by these rules, the procedures and remedies shall be according to the practice as it has heretofore existed in the courts of this State.

S.c. R. Civ. P. 64

This Rule 64(a) is the language of the first sentence of the Federal Rule, the remainder being applicable only to actions in Federal Courts. Rule 64(b) is added to preserve all remedies not addressed by statute or these Rules, but the procedure must conform to the Rules when the remedy is specifically included; i.e., Rule 65, Injunctions and Mandamus; Rule 71, Foreclosure, etc.