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Rule 82 – Jurisdiction and Venue

May 14, 2021 | Civil Procedure, South Carolina

(a) Jurisdiction Unaffected. These rules shall not be construed to extend or limit the jurisdiction of any court of this State or, except as provided in Rule 82(b), the venue of any action.
(b) Venue of Action. When an action is brought in the wrong county or in the wrong court, the court shall not dismiss the action but shall transfer it to any proper county or court in which it could have been brought.
(c) Removal to Federal Courts. When a petition for the removal of any action pending in any court of this State to any court of the United States is filed, no order accepting the petition or directing the action to be removed shall be required.

S.c. R. Civ. P. 82

This Rule 82(a), similar to the Federal Rule, is a rule of construction, to insure that these Rules are not held to have made any change in jurisdictional or venue requirements and limitations. Rule 82(b) is similar to that adopted by many states to avoid having an action dismissed only to be commenced again in the proper jurisdiction. Rule 82(c) conforms to present practice.