South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures

Section 15-1-300. Contributory negligence shall not bar recovery in motor vehicle accident action. - In any motor vehicle accident, contributory negligence shall not bar...

Section 15-1-310. Liability for emergency care rendered at scene of accident. - Any person, who in good faith gratuitously renders emergency care...

Section 15-1-320. References to minors in State laws mean persons under age of 18 years; exceptions; presumption that minors were persons under age of 21 in certain wills, trusts and deeds. - (a) All references to minors in the law of this...

Section 15-1-330. "Year 2000" computer failure immunity. - A governmental entity is not liable for a loss arising...

Section 15-1-340. Right of service member to proceed in civil action; providing evidence by video-camera or other electronic means. - (A) A service member who is entitled to a stay...

Chapter 3 - Limitation Of Civil Actions

Section 15-3-20. General rule as to time for commencement. - (A) Civil actions may only be commenced within the periods...

Section 15-3-30. Exceptions where defendant is out of State. - If when a cause of action shall accrue against any...

Section 15-3-40. Exceptions as to persons under disability. - If a person entitled to bring an action mentioned in...

Section 15-3-50. Disability must exist when right accrued. - No person shall avail himself of a disability unless it...

Section 15-3-60. Effect of two or more disabilities. - When two or more disabilities shall coexist at the time...

Section 15-3-80. Suits by and against enemy aliens. - When a person shall be an alien subject or citizen...

Section 15-3-90. Effect of reversal of judgment. - If an action shall be commenced within the time prescribed...

Section 15-3-100. Effect of stay of action by injunction or statutory prohibition. - When the commencement of an action shall be stayed by...

Section 15-3-110. Limitations are not applicable to bills, notes or other evidences of debt of moneyed corporations. - This chapter shall not affect actions to enforce the payment...

Section 15-3-120. Effect of new promises in writing or part payments. - No acknowledgment or promise shall be sufficient evidence of a...

Section 15-3-130. Suits on causes saved from bar of statute by part payment or written acknowledgment. - All actions upon causes of action which would be barred...

Section 15-3-140. Contract provision shortening statutory period. - No clause, provision or agreement in any contract of whatsoever...

Section 15-3-150. No civil action for criminal conversation permitted. - No civil action may be brought in this State for...

Section 15-3-210. Short title. - This article may be cited as the "Year 2000 Commerce...

Section 15-3-220. Legislative intent. - It is the intent of the South Carolina General Assembly...

Section 15-3-230. Definitions. - As used in this article: (1) "Claim" means any cause...

Section 15-3-240. Who may recover losses; recovery limited to economic loss and attorney's fees; exceptions; frivolous claims. - (A) A person in privity of contract with another person...

Section 15-3-250. Claims pending prior to approval of this article. - This article does not affect nor apply to any claim...

Section 15-3-255. Contract provisions. - This article may not be construed to affect, abrogate, amend,...

Section 15-3-260. Severability of provisions of this article. - If any section or portion of any section of this...

Section 15-3-310. Action by State. - The State will not sue any person for or in...

Section 15-3-320. Action by grantee from State. - No action shall be brought for or in respect to...

Section 15-3-330. Action after State grants or patents have been declared void. - When letters patent or grants of real property shall have...

Section 15-3-340. Action by individual for recovery of real property. - No action for the recovery of real property or for...

Section 15-3-350. Action founded on title or for rents or services. - No cause of action or defense to an action founded...

Section 15-3-360. Action after entry or accrual of right of entry. - No entry upon real estate shall be deemed sufficient or...

Section 15-3-370. Persons under disability. - If a person entitled to commence any action for the...

Section 15-3-380. Effect of forty-year lapse. - No action shall be commenced in any case for the...

Section 15-3-510. General rule. - The periods for the commencement of actions other than for...

Section 15-3-520. Within twenty years. - Within twenty years: (a) an action upon a bond or...

Section 15-3-530. Three years. - Within three years: (1) an action upon a contract, obligation,...

Section 15-3-535. Limitation on actions commenced under Section 15-3-530(5). - Except as to actions initiated under Section 15-3-545, all actions...

Section 15-3-540. Three years. - Within three years: (1) An action against a sheriff, coroner...

Section 15-3-545. Actions for medical malpractice. - (A) In any action, other than actions controlled by subsection...

Section 15-3-550. Two years. - Within two years: (1) an action for libel, slander, or...

Section 15-3-555. Statute of limitations for action based on sexual abuse or incest. - (A) An action to recover damages for injury to a...

Section 15-3-560. One year. - Within one year: (1) An action concerning or in any...

Section 15-3-570. Action for penalty. - An action upon a statute for a penalty or forfeiture...

Section 15-3-580. Actions by motor carriers for charges. - All actions at law by motor carriers subject to Chapter...

Section 15-3-590. Actions against motor carriers for overcharges. - (1) Actions at law for the recovery of overcharges against...

Section 15-3-600. Action for other relief. - An action for relief not provided for in this chapter...

Section 15-3-610. Action upon current account. - In an action brought to recover a balance due upon...

Section 15-3-620. Actions by State. - The limitations prescribed by this article shall apply to actions...

Section 15-3-630. Actions against architects, professional engineers or contractors; definitions. - As used in Sections 15-3-630 to 15-3-670, the terms set...

Section 15-3-640. Actions based upon defective or unsafe condition of improvement to real property; right to contract for guarantee of structure for extended period. - No actions to recover damages based upon or arising out...

Section 15-3-660. Construction of Sections 15-3-640 through 15-3-670; extension of limitations periods. - Nothing in Sections 15-3-640 through 15-3-670 may be construed as...

Section 15-3-670. Circumstances in which limitations provided by Sections 15-3-640 through 15-3-660 are not available as defense. - (A) The limitation provided by Sections 15-3-640 through 15-3-660 may...

Section 15-3-680. Construction of Sections 15-3-640 through 15-3-670; creation of causes of action not heretofore recognized; preclusion of causes of action accrued on May 12, 1986. - Nothing in Sections 15-3-640 through 15-3-670 of the 1976 Code...

Section 15-3-690. Immunity from civil liability for liquefied petroleum gas dealers; definitions; scope. - (A) As used in this subsection, the following definitions apply:...

Section 15-3-700. Immunity for property damage incurred in rescue from locked vehicle. - A person is immune from civil liability for property damage...

Chapter 5 - Parties

Section 15-5-45. Capacity of partnerships to sue and be sued; effect of judgment. - Any partnership formed under the laws of this State or...

Section 15-5-90. Survival of right of action. - Causes of action for and in respect to any and...

Section 15-5-100. Damages under Sections 15-5-90 or 15-51-10 may include funeral expenses. - Damages recoverable under either Sections 15-5-90 or 15-51-10 may include...

Section 15-5-110. Executors' or administrators' actions against trespassers. - Executors or administrators in cases of trespass done to their...

Section 15-5-120. Actions against executors or administrators when one or more is out of State. - In cases in which there are two or more executors...

Section 15-5-130. Representative of deceased nonresident motor vehicle operator. - In the event a nonresident who shall have operated a...

Section 15-5-140. Representative of deceased nonresident motor vehicle operator; substitution of other representative. - The foreign personal representative of any such deceased wrongdoer or...

Section 15-5-150. Foreign corporations as defendants. - An action against a corporation created by or under the...

Section 15-5-160. By what name unincorporated associations may be sued. - All unincorporated associations may be sued and proceeded against under...

Section 15-5-170. Action by and against married woman. - A married woman may sue and be sued as if...

Section 15-5-210. Unemancipated child as party to motor vehicle accident action. - An unemancipated child may sue and be sued by his...

Chapter 7 - Venue

Section 15-7-10. Actions which must be tried where subject matter situated. - An action for the following causes must be tried in...

Section 15-7-20. Actions which must be tried where cause of action arose. - Actions for the following causes must be tried in the...

Section 15-7-30. Actions that must be tried in county where defendant resides; definitions; factors to consider in determining venue of actions against resident and nonresident individuals and domestic and foreign corporations. - (A) As used in this section: (1) "Domestic corporation" means...

Section 15-7-40. Suits against certain fiduciaries. - Any administrator or administratrix appointed by any probate court of...

Section 15-7-50. Hearing elsewhere by consent. - Nothing in Sections 15-7-10, 15-7-30 or 15-7-40 contained shall be...

Section 15-7-60. Suits for penalty on freight claims. - Any action to recover a penalty against any common carrier...

Section 15-7-70. Suits against insurance companies. - All suits brought against any and all fire, life or...

Section 15-7-80. Suits by certain mutual insurance companies against members. - All suits instituted by any mutual life insurance company or...

Section 15-7-90. Removal of suits by certain mutual insurance companies against members. - Wherever any such suit or proceeding has been brought, either...

Section 15-7-100. Changing place of trial. - (A) The court may change the place of trial if:...

Section 15-7-110. Procedure for changing place of trial when fair and impartial trial cannot be had in county. - When the ground for a change of place of trial...

Section 15-7-120. Application of contract and arbitration agreements relative to venue of actions. - (A) Notwithstanding a provision in a contract requiring a cause...

Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally

Section 15-9-15. Affidavit as proof of service by publication. - In addition to the method of proof of service by...

Section 15-9-17. Service of summons, complaint or other judicial documents on Sunday. - Notwithstanding another provision of law, a process server may serve...

Section 15-9-210. Service of process on domestic corporations. - (a) A domestic business or nonprofit corporation's registered agent is...

Section 15-9-220. Service on corporations generally; who is deemed to be agent of railroad. - Service upon any person occupying an office or room in...

Section 15-9-230. Service on corporations generally; qualification as to foreign corporations. - Service can be made in respect to a foreign corporation...

Section 15-9-240. Service of process on authorized foreign corporation. - (a) The registered agent of a foreign business or nonprofit...

Section 15-9-245. Service of process on foreign corporation not authorized to do business in state. - (a) Every foreign business or nonprofit corporation which is not...

Section 15-9-250. Service on foreign rural electric cooperatives. - Service of process may be made upon the Secretary of...

Section 15-9-270. Service on insurance companies. - The summons and any other legal process in any action...

Section 15-9-280. Service on unauthorized insurer. - (a) Any act of transacting an insurance business as set...

Section 15-9-285. Service on unauthorized insurer through service on Chief Insurance Commissioner. - (a) The issuance and delivery of a policy of insurance...

Section 15-9-290. Service on unauthorized insurer; alternative method. - Service of process in any action, suit, or proceeding involving...

Section 15-9-300. Service on unauthorized insurer; other methods of service unaffected by foregoing provisions. - Nothing contained in Section 15-9-280, Section 15-9-285, or Section 15-9-290...

Section 15-9-310. Service on attorney of reciprocal insurance subscribers. - Service of process on the attorney, as defined in Section...

Section 15-9-320. Service on joint-stock companies. - In suits brought against any joint-stock company formed after December...

Section 15-9-330. Service on unincorporated associations. - Process served on any agent of any unincorporated association doing...

Section 15-9-350. Service on Director of Department of Motor Vehicles as attorney of nonresident motorists. - The acceptance by a nonresident of the rights and privileges...

Section 15-9-360. Service on Director of Department of Motor Vehicles as attorney for nonresident motor carriers. - The acceptance by a nonresident motor carrier of the rights...

Section 15-9-370. Service on nonresident motor vehicle drivers and motor carriers. - Service of process upon the Director of the Department of...

Section 15-9-380. Procedure when nonresident motorist or motor carrier defendant does not accept and receipt for notice sent by certified mail. - If the defendant in any such cause shall fail or...

Section 15-9-390. Service on nonresident operators of aircraft. - Service of process upon the Secretary of Commerce, as agent...

Section 15-9-400. Procedure when nonresident aircraft operator defendant does not accept and receipt for notice sent by certified mail. - If the defendant in any such cause shall fail or...

Section 15-9-410. Provisions as to nonresident aircraft operators are not applicable to certain air carriers. - The provisions of Sections 15-9-390 and 15-9-400 shall not apply...

Section 15-9-415. Service on nonresident vessel operators. - Service of process upon the Director of the South Carolina...

Section 15-9-416. Procedure when nonresident vessel operator defendant does not accept and receipt for notice sent by certified mail. - If the defendant in any such cause shall fail or...

Section 15-9-420. Service on certain traveling shows. - Service of any process in any action or proceeding against...

Section 15-9-430. Service on nonresident directors of domestic corporations. - (a) Each director of a domestic business corporation who is...

Section 15-9-440. Service on trustees of inter vivos trusts. - (1) Service on resident trustee constitutes service on all other...

Section 15-9-450. Service on nonresident individual fiduciaries. - Service, upon any individual nonresident executor, administrator, guardian, conservator, or...

Section 15-9-460. Service on certain nurserymen. - Service of process on any person who shall have appointed...

Section 15-9-510. Service of legal papers on patient in state mental health facility; duties of director of facility. - The director of a state mental health facility must not...

Section 15-9-710. When service by publication may be had. - When the person on whom the service of the summons...

Section 15-9-720. Service on unknown parties by publication for certain real property actions. - (A) For the purposes of this section, "court" means a...

Section 15-9-730. Service on certain domestic corporations by publication. - In any action or proceeding in this State in which...

Section 15-9-740. Publication and mailing of summons. - The order of publication shall direct the publication to be...

Section 15-9-750. Effect of personal service out of State. - Personal service of the summons out of State shall be...

Chapter 11 - Notice Of Lis Pendens

Section 15-11-10. Time when notice of lis pendens may be filed. - In an action affecting the title to real property the...

Section 15-11-20. Pendency as constructive notice; effect. - From the time of filing only, the pendency of the...

Section 15-11-30. Service required. - Such notice shall be of no avail unless it shall...

Section 15-11-40. Cancellation of notice. - The court in which the action was commenced, in its...

Section 15-11-50. Limitation of effect of notice; refiling. - When the summons is published or served as above provided...

Chapter 17 - Arrest And Bail In Civil Actions

Section 15-17-10. Person shall not be arrested in civil action except as prescribed. - No person shall be arrested in a civil action except...

Section 15-17-20. Arrest in civil actions permitted in certain cases. - The defendant may be arrested, as prescribed in this article,...

Section 15-17-30. Females shall be arrested only in certain cases. - No female shall be arrested in any civil action except...

Section 15-17-40. By whom order for arrest is made. - An order for the arrest of the defendant must be...

Section 15-17-50. Affidavit to obtain order for arrest. - The order may be made when it shall appear to...

Section 15-17-60. Security by plaintiff before obtaining order for arrest. - Before making the order the judge or other officer shall...

Section 15-17-70. Making and serving order for arrest; contents. - The order may be made to accompany the summons or...

Section 15-17-80. Affidavit and order shall be delivered to sheriff or constable; copy to defendant. - The affidavit and order of arrest shall be delivered to...

Section 15-17-90. Execution of order. - The sheriff or constable shall execute the order by arresting...

Section 15-17-210. Defendant shall be discharged on giving bail or making a deposit. - The defendant, at any time before execution, shall be discharged...

Section 15-17-220. Manner of giving bail. - The defendant may give bail by causing a written undertaking...

Section 15-17-230. Qualification of bail. - The qualification of bail must be as follows: (1) Each...

Section 15-17-240. Substituting bail for deposit. - If money be deposited, as provided in Section 15-1-250, bail...

Section 15-17-250. Delivery of bail to plaintiff and acceptance by him. - Within the time limited for that purpose the sheriff or...

Section 15-17-260. Notice of justification; new bail. - On the receipt of notice that the plaintiff does not...

Section 15-17-270. Justification of bail. - For the purpose of justification each of the bail shall...

Section 15-17-280. Allowance of bail. - If the judge, magistrate or clerk of the court find...

Section 15-17-410. Petition for release. - Any person arrested on mesne or final process in any...

Section 15-17-420. Creditors shall be summoned by public notice. - Upon such petition the clerk shall, by order or rule,...

Section 15-17-430. Clerk shall examine as to discharge of prisoner. - Upon the day of such appearance if any of the...

Section 15-17-440. Oath of petitioner. - Upon such examination the clerk shall administer or tender to...

Section 15-17-450. Order for assignment of property; exemptions. - In case the prisoner shall take such oath and upon...

Section 15-17-460. Prisoner shall be discharged on making assignment. - The petitioner upon executing such assignment and delivering unto the...

Section 15-17-470. Prisoner shall be remanded for refusal to assign. - In case any such debtor shall neglect or refuse within...

Section 15-17-480. Penalty for false schedules. - Any person who shall deliver in a false schedule of...

Section 15-17-490. Summoning jury in cases of alleged fraud. - Whenever a debtor in custody under the provisions of this...

Section 15-17-500. Filling vacancies in jury panel. - If from the eighteen persons so summoned twelve cannot from...

Section 15-17-510. Liability for nonattendance of jurors. - The freeholders so summoned shall be liable to the same...

Section 15-17-520. Issues on exceptions to clerk's rulings shall be summarily heard by judge. - In case exceptions be taken to any order or ruling...

Section 15-17-530. Fees allowed clerk for hearing application. - The clerk who may hear and determine the application of...

Section 15-17-540. Fees allowed sheriff. - The sheriff shall receive the sum of five dollars as...

Section 15-17-550. Proceedings in cases of appeal. - If the verdict of the jury provided in Section 15-17-490...

Section 15-17-560. Creditors allowed to examine applicants for discharge; penalty for refusal to answer. - Any creditor of any person applying for the benefit of...

Section 15-17-570. Debtor required to produce books. - If on such examination it should appear that the debtor...

Section 15-17-580. Submission of issues to jury already empaneled. - Nothing contained in this article shall be construed to deprive...

Section 15-17-590. No discharge shall be granted until property is delivered to assignee. - In all cases in which a debtor applies for his...

Section 15-17-710. Vacating order of arrest or reducing bail. - A defendant arrested may at any time before judgment apply...

Section 15-17-720. Affidavits on motion to vacate order of arrest or reduce bail. - If the motion be made upon affidavits on the part...

Section 15-17-730. Surrender of defendant. - At any time before a failure to comply with the...

Section 15-17-740. Bail may authorize arrest of defendant. - For the purpose of surrendering the defendant the bail, at...

Section 15-17-750. Exoneration of bail. - The bail may be exonerated either (a) by the death...

Section 15-17-760. Disposal of deposit after judgment in the action. - When money shall have been deposited under Section 15-17-240, if...

Section 15-17-770. Proceeding against the bail. - In case of failure to comply with the undertaking the...

Section 15-17-780. Sheriff or constable may be liable as bail. - If after being arrested the defendant escape or be rescued...

Section 15-17-790. Proceedings on judgment against sheriff or constable. - If a judgment be recovered against the sheriff or constable...

Section 15-17-800. Bail may be liable to sheriff or constable. - The bail taken upon the arrest shall, unless they justify...

Section 15-17-810. In what cases plaintiff shall be liable for maintenance of debtor. - When any person shall be taken on mesne or final...

Section 15-17-820. Charges for keeping debtor in jail. - The charges for keeping such debtor in the common jail...

Chapter 19 - Attachment

Section 15-19-10. Grounds for attachment generally. - In any action: (1) For the recovery of money; (2)...

Section 15-19-20. Attachment in libel and slander actions against nonresidents or foreign corporations. - Any and all attachments issued, made or levied in any...

Section 15-19-30. Attachment when debt is not due. - Whenever a debt is not yet due and it appears...

Section 15-19-40. Persons authorized to grant attachment. - A warrant of attachment must be obtained from a judge,...

Section 15-19-50. Affidavit required. - The warrant may be issued whenever it shall appear by...

Section 15-19-60. Form of affidavit. - In all cases of attachment in this State the following...

Section 15-19-70. Filing of affidavit and serving copies thereof. - The plaintiff procuring such warrant at the time of the...

Section 15-19-80. Bond required before obtaining attachment. - Before issuing the warrant, the judge, clerk or magistrate shall...

Section 15-19-90. Form of bond. - In all cases of attachment in this State the following...

Section 15-19-100. Persons to whom attachment shall be directed. - The warrant shall be directed to any sheriff or constable...

Section 15-19-110. Issuance and form of attachment. - When the affidavit and bond are filed with the clerk...

Section 15-19-210. Service and answer upon execution of warrant. - Immediately upon the issuance of the warrant of attachment as...

Section 15-19-220. Property which is subject to attachment. - The rights or shares which any defendant may have in...

Section 15-19-230. Duty of officer to whom warrant is delivered. - The sheriff or constable to whom such warrant is directed...

Section 15-19-240. Attachment of real estate. - When real estate is attached a true and attested copy...

Section 15-19-250. Effecting execution on property incapable of manual delivery. - The execution of the attachment upon any rights or shares...

Section 15-19-260. Certificate of defendant's interest. - Whenever the sheriff or constable shall with a warrant of...

Section 15-19-270. Duties of officer upon seizure of property. - The sheriff or constable shall, immediately on making seizure under...

Section 15-19-280. Sale of personal property likely to deteriorate or expensive to keep. - Whenever (a) any officer of this State shall have taken...

Section 15-19-290. Proceedings on claim of third person. - If the person in whose possession property shall be attached...

Section 15-19-300. Discharge or return of property on defendant's appearance. - Whenever the defendant shall have appeared in such action he...

Section 15-19-310. Undertaking on part of defendant. - Upon application for an order to discharge the attachment, the...

Section 15-19-320. Maximum undertaking in certain actions. - In actions when the purpose is to collect a debt...

Section 15-19-330. Undertaking when property of one of several defendants is attached. - When there is more than one defendant and the several...

Section 15-19-340. Motion by owner to discharge attachment. - In all cases the defendant or any person who establishes...

Section 15-19-350. Satisfying judgment for plaintiff. - In case judgment be entered for the plaintiff in any...

Section 15-19-360. Satisfying judgment for plaintiff; proceedings after six months or when automobile has been attached. - At the expiration of six months from the docketing of...

Section 15-19-370. Disposition of residue when judgment is paid. - When the judgment and all costs of the proceedings shall...

Section 15-19-380. Proceedings by plaintiff instead of sheriff or constable. - The actions authorized in this article to be brought by...

Section 15-19-390. Proceedings on judgment for defendant. - If the foreign corporation or absent, absconding or concealed defendant...

Section 15-19-400. Time when sheriff or constable shall return attachment. - When the warrant shall be fully executed or discharged the...

Section 15-19-510. Authorization and issuance. - In an action arising for the recovery of purchase money...

Section 15-19-520. Plaintiff's undertaking; contents of warrant. - Before issuing the warrant of attachment the judge, clerk or...

Section 15-19-530. Effecting attachment. - The sheriff or constable to whom such warrant is directed...

Section 15-19-540. Lien of attachment. - The attachment shall be a lien subject to all prior...

Section 15-19-550. Further proceedings. - Further proceedings on the part of the sheriff or constable...

Section 15-19-560. Verdict or decision shall state whether amount found is for purchase money; order of sale. - In all actions tried by a jury when the plaintiff...

Chapter 27 - Trial And Certain Incidents Thereof

Section 15-27-15. Interpreters for deaf person who is party to legal proceeding, witness therein, or confined to any institution. - (A) Whenever a deaf person is a party or witness...

Section 15-27-155. Interpreter for party or witness unable to speak English; qualified interpreter defined; fees; centralized list; use of interpreter not on list. - (A) Notwithstanding any other provision of law, whenever a party...

Chapter 28 - Videotaped Depositions

Section 15-28-30. Videotaped depositions of children. - Any party, including a guardian ad litem, during a family...

Chapter 29 - Legal Notices, Generally

Section 15-29-10. Computing time for publication of notices. - The time for publication of legal notices shall be computed...

Section 15-29-20. Publication in four successive weeks as equivalent of publication for one month or thirty days. - When publication for one month or thirty days is required...

Section 15-29-30. Publication in three successive weeks as equivalent of publication for three weeks or twenty-one days. - When the statute requires a notice to be published in...

Section 15-29-40. Publication in two successive weeks as equivalent of publication for two weeks or fifteen days. - When it is required that notice be published in a...

Section 15-29-50. Publication for one week. - When it is required that notice be published in a...

Section 15-29-60. Length of time legal sales shall be advertised. - All notices for the sale of any real estate under...

Section 15-29-70. Probate notices or citations which need not be published in newspaper. - It shall not be necessary to publish in any newspaper...

Section 15-29-80. Charges for legal advertisements in newspapers. - State and county officials authorized by law to publish advertisements...

Section 15-29-85. Charges for legal advertisements in newspapers: rates for indigents. - Notwithstanding other provisions of Section 15-29-80 with regard to legal...

Section 15-29-90. Printing accounts shall be rendered under oath. - All accounts rendered for printing shall be under oath that...

Section 15-29-100. Advertisements shall be posted if newspapers refuse to publish at rates fixed. - If the proprietors or managers of the newspapers in any...

Chapter 31 - Referees And Masters

Section 15-31-150. Appointment of special referees; compensation; authority. - The provisions of Sections 14-2-50, 14-11-10 to 14-11-90; 14-11-310; 15-31-10...

Chapter 32 - Noneconomic Damage Awards

Section 15-32-200. Citation of article. - This article may be cited as the "South Carolina Noneconomic...

Section 15-32-210. Definitions. - As used in this article, unless the context clearly requires...

Section 15-32-220. Noneconomic damages limit; exceptions; annual adjustment based on Consumer Price Index. - (A) In an action on a medical malpractice claim when...

Section 15-32-230. Emergency medical and obstetrical care exceptions. - (A) In an action involving a medical malpractice claim arising...

Section 15-32-240. Rights under other acts. - The provisions of this article do not affect any right,...

Section 15-32-510. Claims for punitive damages must be prayed for in complaint; amount shall not be specifically plead. - (A) A claim for punitive damages must be specifically prayed...

Section 15-32-520. Bifurcated trials; clear and convincing evidence standard; factors for liability determination; review of jury determination; multiple defendants. - (A) All actions tried before a jury involving punitive damages,...

Section 15-32-530. Awards not to exceed certain limits; Revenue and Fiscal Affairs Office to calculate adjustments to maximum awards; publication in State Register. - (A) Except as provided in subsections (B) and (C), an...

Section 15-32-540. Applicability of article. - The provisions of this article do not affect any right,...

Chapter 33 - Verdicts

Section 15-33-125. Limitations on granting of new trial. - A new trial may be granted to the plaintiff on...

Section 15-33-135. Punitive damages: burden of proof. - In any civil action where punitive damages are claimed, the...

Chapter 35 - Judgments And Decrees Generally

Section 15-35-160. Judgment for damages and costs against married women. - In an action brought by or against a married woman...

Section 15-35-170. Judgments against unincorporated associations. - On judgment being obtained against an unincorporated association under process...

Section 15-35-180. Enforcement of judgments. - When a judgment requires the payment of money or the...

Section 15-35-350. Judgment by confession; generally. - A judgment by confession may be entered without action either...

Section 15-35-360. Judgment by confession; statement in writing and contents thereof. - Before a judgment by confession shall be entered a statement...

Section 15-35-370. Judgment by confession; entry of judgment. - The statement may be filed with the clerk of court....

Section 15-35-380. Judgment by confession; execution thereon. - Executions may be issued and enforced thereon in the same...

Section 15-35-400. Offer of judgment; acceptance; consequences of nonacceptance; attorney's fees. - (A) Offer of Judgment. Except in domestic relations actions, after...

Section 15-35-510. Clerk shall keep abstract of judgments. - The clerk shall keep among the records of the court...

Section 15-35-520. Entries in abstract of judgments; index to judgments. - In this book shall be entered each case wherein judgment...

Section 15-35-530. Judgment roll. - Unless the party or his attorney shall furnish a judgment...

Section 15-35-540. Docketing transcript with clerks of other courts; effect thereof. - A transcript of a final judgment of any court of...

Section 15-35-610. Payment by surety shall not discharge judgment against principal. - The payment by a surety of a debt secured by...

Section 15-35-620. Payment by one surety shall not discharge judgment as to cosurety. - In case any surety in such judgment or decree shall...

Section 15-35-630. Discharge of bankrupts from judgments. - Any time after one year has elapsed since a bankrupt...

Section 15-35-640. Discharge of bankrupts from judgments; notice of application. - Notice of the application, accompanied with copies of the papers...

Section 15-35-650. Entry of cancellation on margin or index of judgment. - All clerks of court shall enter the word "cancelled," together...

Section 15-35-810. Judgments lien on real estate continue for ten years. - Final judgments and decrees entered in any court of record...

Section 15-35-820. Judgments do not constitute a lien on exempt property. - Section 15-35-810 shall not be construed so as to make...

Section 15-35-830. Payment of taxes by lienholders. - Any person holding a lien by way of a judgment...

Section 15-35-840. Attorneys as agents of judgment creditors for service of process. - Every judgment creditor who enters a judgment in any court...

Section 15-35-850. Termination of agency for service of process. - Any such judgment creditor and his successor in interest may...

Section 15-35-860. Enrollment of appointments and revocations. - The clerk of court shall forthwith enroll all appointments and...

Section 15-35-870. Service of process in other manner suffices. - In any event service of process upon the judgment creditor...

Section 15-35-900. Short title. - This article may be cited as the Uniform Enforcement of...

Section 15-35-910. Definitions. - As used in this article, unless the context requires otherwise:...

Section 15-35-920. Filing of foreign judgment and affidavit; docketing and indexing; effect; stay of enforcement upon filing of motion for relief or notice of defense. - (A) A copy of a foreign judgment authenticated in accordance...

Section 15-35-930. Notice of filing; service and proof of service of notice. - (A) Promptly upon the filing of a foreign judgment and...

Section 15-35-940. Motion for relief from, or notice of defense to, foreign judgment; grounds; motion for enforcement; Rules of Civil Procedure applicable; burden of proving judgment entitled to full faith and credit. - (A) The judgment debtor may file a motion for relief...

Section 15-35-950. Article does not impair judgment creditor's right to bring civil action in State to enforce judgment. - This article may not be construed to impair a judgment...

Section 15-35-960. Inapplicability to judgments based on claims contrary to public policy. - The provisions of this article do not apply to foreign...

Chapter 36 - South Carolina Frivolous Civil Proceedings Sanctions Act

Section 15-36-10. Frivolous lawsuits; signing pleadings; imposition of sanctions; notice and opportunity to respond; reporting violations. - (A)(1) A pleading filed in a civil or administrative action...

Section 15-36-20 to 15-36-50. Repealed by 2005 Act No. 27, Section 12, eff July 1, 2005. - Editor's Note Former Section 15-36-20 was entitled "Factors supporting finding...

Section 15-36-100. Complaint in actions for damages alleging professional negligence; contemporaneous affidavit of expert specifying negligent act or omission. - (A) As used in this section, "expert witness" means an...

Chapter 37 - Costs

Section 15-37-10. Costs generally. - In every civil action commenced or prosecuted in the courts...

Section 15-37-20. Costs allowed only to successful party. - No costs shall be allowed to any party unless he...

Section 15-37-30. Interest from time of verdict or report. - When the judgment is for the recovery of money, interest...

Section 15-37-40. Clerk shall insert costs and disbursements in judgment. - The clerk shall insert in the entry of judgment, on...

Section 15-37-50. Limitation on costs when tort judgment is less than one hundred dollars. - When in an action for assault, battery, false imprisonment, libel,...

Section 15-37-60. Costs in certain small partition and foreclosure cases. - The costs allowed by law in all cases of partition...

Section 15-37-80. Costs on postponement of trial. - When an application shall be made to a court or...

Section 15-37-90. Costs on motion. - Costs may be allowed on a motion, in the discretion...

Section 15-37-100. Costs on review of decision of inferior court in special proceeding. - When the decision of a court of inferior jurisdiction in...

Section 15-37-110. Adjustment of costs in interlocutory and special proceedings. - Whenever it shall be necessary to adjust costs in any...

Section 15-37-120. Costs for mileage. - No constructive mileage shall be allowed, but in all cases...

Section 15-37-130. Costs for references. - Costs for references shall only be taxed for the number...

Section 15-37-140. Costs to master, special master or referee. - The master, special master or referee shall be entitled to...

Section 15-37-160. Costs on uncontested claims. - No costs shall be allowed for proving uncontested claims; except...

Section 15-37-170. Costs against infant plaintiff. - When costs and disbursements are adjudged against an infant plaintiff...

Section 15-37-180. Costs against fiduciaries. - In an action prosecuted or defended by an executor, administrator,...

Section 15-37-190. Costs against assignee after action brought. - In actions in which the cause of action shall, by...

Section 15-37-200. Costs in action prosecuted by the State. - In all civil actions prosecuted in the name of the...

Section 15-37-210. Costs in action prosecuted in name of the State. - In an action prosecuted in the name of the State...

Section 15-37-220. Officers may take out execution for costs. - Whenever a case may be (a) settled or determined at...

Chapter 38 - South Carolina Contribution Among Tortfeasors Act

Section 15-38-10. Short title. - This chapter may be cited as the Uniform Contribution Among...

Section 15-38-15. Liability of defendant responsible for less than fifty per cent of total fault; apportionment of percentages; willful, wanton, or grossly negligent defendant and alcoholic beverage or drug exceptions. - (A) In an action to recover damages resulting from personal...

Section 15-38-20. Right of contribution. - (A) Except as otherwise provided in this chapter, where two...

Section 15-38-30. Factors determining pro rata liability of tortfeasors. - In determining the pro rata shares of tortfeasors in the...

Section 15-38-40. Action for contribution. - (A) Whether or not judgment has been entered in an...

Section 15-38-50. Effect of release, covenant not to sue, or not to enforce judgment. - When a release or a covenant not to sue or...

Section 15-38-60. Construction of chapter. - This chapter shall be so interpreted and construed as to...

Section 15-38-65. Uniform Contribution Among Tortfeasors Act not applicable to governmental entities. - No payment shall be made from state appropriated funds or...

Section 15-38-70. Repeal of inconsistent acts. - All acts or parts of acts which are inconsistent with...

Chapter 39 - Executions And Judicial Sales Generally

Section 15-39-10. Kinds of execution. - There shall be three kinds of executions, (a) against the...

Section 15-39-20. Executions of course within ten years. - Writs of execution for the enforcement of judgments shall conform...

Section 15-39-30. Issuance of executions; effective period. - Executions may issue upon final judgments or decrees at any...

Section 15-39-40. Counties to which execution may be issued. - When the execution is against the property of the judgment...

Section 15-39-50. Execution against the person. - If the action be one in which the defendant might...

Section 15-39-60. Execution against married woman. - An execution may issue against a married woman, and it...

Section 15-39-70. Executions may be taken out by administrators de bonis non. - When any judgment after a verdict shall be had by...

Section 15-39-80. Contents of executions. - The execution must be directed to the sheriff or to...

Section 15-39-90. Executions on judgments of inferior courts. - When judgment shall have been rendered in a court of...

Section 15-39-100. Execution constitutes no lien on personal property prior to levy. - Executions shall not bind the personal property of the debtor,...

Section 15-39-110. Sheriff may break into house in certain cases. - The sheriff or his deputy may break and enter any...

Section 15-39-120. Sheriff to keep memorandum of levy; schedule. - The sheriff shall make a memorandum in writing of the...

Section 15-39-130. Returns. - The sheriff, coroner or other officer with whom final process...

Section 15-39-140. Failure or neglect to make return. - For failure or neglect to make any of the returns...

Section 15-39-150. Sheriff must give notice of money collected. - The sheriff, on the receipt of any money on account...

Section 15-39-310. Order for discovery of property. - When an execution against property of the judgment debtor or...

Section 15-39-320. Arrest in lieu of discovery order. - Instead of the order requiring the attendance of the judgment...

Section 15-39-330. Examination of witnesses and debtor. - On an examination under Sections 15-39-310 and 15-39-320 either party...

Section 15-39-340. Debtor of execution debtor may pay debt to sheriff. - After the issuing of execution against property any person indebted...

Section 15-39-350. Examination of debtors of judgment debtor. - After the issuing or return of an execution against property...

Section 15-39-360. Proceedings against joint debtors. - The proceedings mentioned in Sections 15-39-310 to 15-39-350 may be...

Section 15-39-370. Witnesses may be required to testify. - Witnesses may be required to appear and testify on any...

Section 15-39-380. Compelling party or witnesses to attend. - The party or witness may be required to attend before...

Section 15-39-390. Master shall certify examination to judge. - If before the master the examination shall be taken by...

Section 15-39-400. Examinations and answers shall be under oath. - All examinations and answers before a judge or master under...

Section 15-39-410. Property which may be ordered to be applied to execution. - The judge may order any property of the judgment debtor,...

Section 15-39-420. Withholding of wages pursuant to foreign garnishment proceeding prohibited under certain circumstances. - (1) No employer in this State shall withhold any portion...

Section 15-39-430. Judge may appoint receiver. - The judge may also, by order, appoint a receiver of...

Section 15-39-440. Prohibition of transfer or of interference with property. - The judge may also, by order, forbid a transfer or...

Section 15-39-450. Filing and effect of order appointing receiver. - Whenever the judge shall grant an order for the appointment...

Section 15-39-460. Proceedings on claims of others to property or on denial of indebtedness. - If it appears that a person or corporation alleged to...

Section 15-39-480. Costs of proceeding. - The judge may allow to the judgment creditor or to...

Section 15-39-490. Punishment for contempt. - If any person, party or witness disobeys an order of...

Section 15-39-610. Property taken under execution shall be sold. - When any sheriff or other officer shall take the lands,...

Section 15-39-620. Estates held in trust may be sold. - All estate, real or personal, which is held in trust...

Section 15-39-630. Where and by whom sales made. - Property adjudged to be sold must be sold in the...

Section 15-39-635. Judicial sales by referees. - In the counties which do not have a master-in-equity, judicial...

Section 15-39-640. Sheriff shall make judicial sales; fees. - All judicial sales shall be made by the sheriff, unless...

Section 15-39-650. Sheriff shall advertise sale of property. - The sheriff of every county in this State shall, before...

Section 15-39-660. Contents of advertisement of sale; manner of publication. - The sheriff shall specify in the advertisement the property to...

Section 15-39-680. Judicial sale days. - The regular day of judicial sales is the first Monday...

Section 15-39-690. Hours of sale. - The hours of sale shall be between eleven and five...

Section 15-39-700. Place of sales. - The place of sheriff's sales, as to real estate, shall...

Section 15-39-710. Sheriff's execution sales shall be for cash; resale. - Every sheriff's sale made by virtue of the directions of...

Section 15-39-720. Upset bids within thirty days on foreclosure or execution sale. - In all judicial sales of real estate for the foreclosure...

Section 15-39-730. Upset bids in other judicial sales. - In judicial sales other than foreclosures or in execution the...

Section 15-39-740. Deposits by bidders. - In no decree of sale or order thereunder shall there...

Section 15-39-750. Return of deposit when bid raised. - When any bid is raised as provided in Section 15-39-720...

Section 15-39-760. Provisions of Sections 15-39-720 to 15-39-750 inapplicable to certain foreclosure suits. - The provisions of Sections 15-39-720 to 15-39-750 shall not apply...

Section 15-39-770. Compensation of officer making sale of real estate. - The officer making judicial sales of real estate may charge...

Section 15-39-780. Sale by debtor of property subject to levy and sale; proceeds shall be paid over to sheriff. - The entire proceeds of a sale of property subject to...

Section 15-39-790. Sale by debtor of property subject to levy and sale; confirmation of sale and deed. - If no objection as to the price at which the...

Section 15-39-800. Sale by debtor of property subject to levy and sale; proceedings if judgment creditors object to sale. - Should any of the judgment creditors object to the price...

Section 15-39-810. Sale by debtor of property subject to levy and sale; endorsement on conveyance in case of objection. - Should any judgment creditor so object the sheriff shall make...

Section 15-39-820. Sale by debtor of property subject to levy and sale; proceedings when sale by sheriff brings more. - In the event that the property, when so exposed for...

Section 15-39-830. Conveyance after sale. - Upon a judicial sale being made and the terms complied...

Section 15-39-840. Conveyances of real estate sold under execution. - When any sheriff or other officer makes a conveyance of...

Section 15-39-850. Successors of selling officers may make title. - In all cases in which any sheriff, probate judge, clerk...

Section 15-39-860. Recording and indexing of execution conveyances. - When any conveyance under Section 15-39-840 is offered to any...

Section 15-39-870. Judicial sales shall be res judicata as to innocent purchasers, even without confirmation. - Upon the execution and delivery by the proper officer of...

Section 15-39-880. Certain liens extinguished by sale when lien creditor is a party to proceeding. - No lien created by operation of law or agreement of...

Section 15-39-890. Reacquisition of property by lien debtor. - No lien on real property barred by a public sale...

Section 15-39-900. Proceeds paid to prior judgment lienor. - The sheriff shall pay over the proceeds of sale of...

Chapter 41 - Homestead And Other Exemptions

Section 15-41-10. Minimum bid when selling property subject to exemption. - When selling property in which a debtor has an exemption...

Section 15-41-20. Exempted amounts collected to be deposited with clerk of court. - Any exempted amounts collected by the sheriff or other officer...

Section 15-41-30. Property exempt from attachment, levy, and sale. - (A) The following real and personal property of a debtor...

Section 15-41-33. Limits on applicability of exemption in Section 15-41-30(11)(C. - The exemption for a disability benefit provided in Section 15-41-30(11)(C)...

Section 15-41-35. Exempt property. - No individual may exempt from the property of the estate...

Chapter 43 - Abatement Of Nuisances

Section 15-43-10. Use of buildings or places for lewdness and the like declared a nuisance. - (A) A person who erects, establishes, continues, maintains, uses, owns,...

Section 15-43-20. Attorney General, solicitor, or citizen may bring suit for injunction. - Whenever a nuisance is kept, maintained or exists, as defined...

Section 15-43-30. Temporary injunction. - In such action the court or the judge in vacation...

Section 15-43-40. Trial; evidence of general reputation. - The action, when brought, shall be triable at the first...

Section 15-43-50. Immunity of witnesses. - The solicitor, Attorney General or other attorney representing the prosecution...

Section 15-43-60. Dismissal. - If the complaint is filed by a citizen or corporation...

Section 15-43-70. Violation of injunction; punishment for contempt. - In case of the violation of any injunction granted under...

Section 15-43-80. Abatement; sale of fixtures; closing place for year. - If the existence of the nuisance be established in an...

Section 15-43-90. Use of proceeds of sale of personal property. - The proceeds of the sale of the personal property, as...

Section 15-43-100. Entry or use of closed building as contempt. - If any person shall break and enter or use a...

Section 15-43-110. Owner may secure release of building. - If the owner appears and pays all costs of the...

Section 15-43-120. Notice shall be given to owner before action against him. - No proceeding against the owner of the real estate shall...

Section 15-43-130. Establishment of existence of nuisance in criminal proceeding. - In case the existence of such nuisance is established in...

Chapter 47 - Uniform Interstate Depositions And Discovery Act

Section 15-47-100. Short title. - This chapter may be cited as the "Uniform Interstate Depositions...

Section 15-47-110. Definitions. - As used in this chapter: (1) "Clerk of court" means...

Section 15-47-120. Issuance of subpoena. - (A) To request issuance of a subpoena under this chapter,...

Section 15-47-130. Service of subpoena. - A subpoena issued by a clerk of court under Section...

Section 15-47-140. Deposition, production, and inspection. - When a subpoena issued under Section 15-47-120 commands a person...

Section 15-47-150. Application to court. - An application to the court for a protective order or...

Section 15-47-160. Uniformity of application and construction. - In applying and construing this uniform act, consideration must be...

Chapter 48 - Uniform Arbitration Act

Section 15-48-10. Validity of arbitration agreement; exceptions from operation of chapter. - (a) A written agreement to submit any existing controversy to...

Section 15-48-20. Proceedings to compel or stay arbitration. - (a) On application of a party showing an agreement described...

Section 15-48-30. Appointment of arbitrators. - If the arbitration agreement provides a method of appointment of...

Section 15-48-40. Majority action by arbitrators. - The powers of the arbitrators may be exercised by a...

Section 15-48-50. Hearing; record thereof. - Unless otherwise provided by the agreement: (a) The arbitrators shall...

Section 15-48-60. Joinder of parties to arbitration. - Upon application to the arbitration panel by a party, a...

Section 15-48-70. Representation by attorney. - A party has the right to be represented by an...

Section 15-48-80. Witnesses; subpoenas; depositions. - (a) The arbitrators may issue (cause to be issued) subpoenas...

Section 15-48-90. Award. - (a) The award shall be in writing and signed by...

Section 15-48-100. Change of award by arbitrators. - On application of a party or, if an application to...

Section 15-48-110. Fees and expenses of arbitration. - Unless otherwise provided in the agreement to arbitrate, the arbitrators'...

Section 15-48-120. Confirmation of an award. - Upon application of a party, the court shall confirm an...

Section 15-48-130. Vacating an award. - (a) Upon application of a party, the court shall vacate...

Section 15-48-140. Modification or correction of award. - (a) Upon application made within ninety days after delivery of...

Section 15-48-150. Judgment or decree on award. - Upon the granting of an order confirming, modifying or correcting...

Section 15-48-160. Judgment roll; docketing. - (a) On entry of judgment or decree, the clerk of...

Section 15-48-170. Applications to court. - Except as otherwise provided, an application to the court under...

Section 15-48-180. Court; jurisdiction; questions of law and fact. - The term "court" means any court of competent jurisdiction of...

Section 15-48-190. Venue. - An initial application shall be made to the court of...

Section 15-48-200. Appeals. - (a) An appeal may be taken from: (1) An order...

Section 15-48-210. Chapter not retroactive. - This chapter applies only to agreements made subsequent to the...

Section 15-48-220. Mechanics liens not precluded. - Nothing in this chapter shall preclude the filing and perfecting...

Section 15-48-230. Uniformity of interpretation. - This chapter shall be so construed as to effectuate its...

Section 15-48-240. Short title. - This chapter may be cited as the "Uniform Arbitration Act"....

Chapter 49 - Change Of Name

Section 15-49-10. Application for change of name. - (A) A person who has been a resident of the...

Section 15-49-20. Petition requirements for name change; notification; costs. - (A) A person who petitions the court for a name...

Section 15-49-30. Filing fee. - The filing fee provided in Section 8-21-310(C)(1) applies with respect...

Section 15-49-40. Use of new name in legal proceedings; effect on pending proceedings. - The person so changing his name may thereafter sue and...

Section 15-49-50. Effect of change on old obligations. - When a person changing his name is bound by obligation...

Chapter 50 - Structured Settlement Protection Act

Section 15-50-10. Short title. - This act may be cited as the "Structured Settlement Protection...

Section 15-50-20. Definitions. - As used in this chapter: (1) "Annuity issuer" means an...

Section 15-50-30. Transfer agreements; disclosure statements. - Not less than three days before the date on which...

Section 15-50-40. Direct or indirect transfer of payment rights; approval by final court order. - A direct or indirect transfer of structured settlement payment rights...

Section 15-50-50. Rights and obligations of structured settlement obligor, annuity issuer and transferee. - Following a transfer of structured settlement payment rights pursuant to...

Section 15-50-60. Application for approval of transfer; notice of hearing. - (A) An application pursuant to this chapter for approval of...

Section 15-50-70. Scope of transfer agreement. - (A) The provisions of this chapter may not be waived...

Chapter 51 - Death By Wrongful Act And Lynching

Section 15-51-10. Civil action for wrongful act causing death. - Whenever the death of a person shall be caused by...

Section 15-51-20. Beneficiaries of action for wrongful death; by whom brought. - Every such action shall be for the benefit of the...

Section 15-51-30. Effect of illegitimacy. - In the event of the death of an illegitimate child...

Section 15-51-40. Damages; amount and to whom payable. - In every such action the jury may give damages, including...

Section 15-51-41. Court approval required for settlement of wrongful death or survival action. - Any settlement of a wrongful death or survival action must...

Section 15-51-42. Approval of settlements of wrongful death or survival actions. - (A) Only a duly appointed personal representative, as defined in...

Section 15-51-50. Liability for costs. - The executor or administrator, plaintiff in the action, shall be...

Section 15-51-60. Effect of action prior to death. - The provisions of this article shall not apply to any...

Section 15-51-210. When county is liable for damages for lynching. - In all cases of lynching when death ensues the county...

Chapter 53 - Declaratory Judgments

Section 15-53-10. Short title. - This chapter may be cited as the "Uniform Declaratory Judgments...

Section 15-53-20. Courts of record may declare rights, status and other legal relations. - Courts of record within their respective jurisdictions shall have power...

Section 15-53-30. Determination of questions under deed, will, written contract, statute, municipal ordinance, contract or franchise. - Any person interested under a deed, will, written contract or...

Section 15-53-40. Construction of contract before or after breach. - A contract may be construed either before or after there...

Section 15-53-50. Rights under trust or estate of decedent, infant, lunatic or insolvent. - Any person interested as or through an executor, administrator, trustee,...

Section 15-53-60. Enumeration is no restriction on general powers. - The enumeration in Sections 15-53-30 to 15-53-50 does not limit...

Section 15-53-70. Declaratory judgment may be refused. - The court may refuse to render or enter a declaratory...

Section 15-53-80. Parties. - When declaratory relief is sought all persons shall be made...

Section 15-53-90. Determination of facts; jury trials. - When a proceeding under this chapter involves the determination of...

Section 15-53-100. Costs. - In any proceeding under this chapter the court may make...

Section 15-53-110. Review of declaratory judgments. - All orders, judgments and decrees under this chapter may be...

Section 15-53-120. Granting of further relief based on declaratory judgment. - Further relief based on a declaratory judgment or decree may...

Section 15-53-130. Chapter shall be construed liberally. - This chapter is declared to be remedial. Its purpose is...

Section 15-53-140. Chapter intended to make uniform the laws of the states. - This chapter shall be so interpreted and construed as to...

Chapter 61 - Partition

Section 15-61-10. Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property. - (A) All joint tenants and tenants in common who hold,...

Section 15-61-11. Waiver of partition of land which is site of electric generating plant. - Notwithstanding the provisions of Section 15-61-10, the right to compel...

Section 15-61-20. Only parties to proceeding are affected by partition. - No severance or partition shall be prejudicial or hurtful to...

Section 15-61-25. Right of first refusal of joint tenant or tenant in common to purchase property prior to partition; procedure. - (A) For the purposes of this section, "joint tenants and...

Section 15-61-30. State as owner of escheated interest is not necessary party. - If one having a vested interest in real estate as...

Section 15-61-40. Validation of certain titles. - All titles to real estate conveyed prior to March 18...

Section 15-61-50. Jurisdiction to partition in kind or by sale. - The court of common pleas has jurisdiction in all cases...

Section 15-61-100. Sale may be ordered without writ upon testimony taken. - Nothing in Rule 71, South Carolina Rules of Civil Procedure,...

Section 15-61-110. Attorneys' fees. - The court of common pleas may fix attorneys' fees in...

Section 15-61-310. Short title. - This article may be cited as the "Clementa C. Pinckney...

Section 15-61-320. Definitions. - As used in this article: (1) "Ascendant" means an individual...

Section 15-61-330. Preliminary determination whether property is heirs' property; construction with Article 1. - (A) In an action to partition real property under Article...

Section 15-61-340. Service of pleading; notice by publication. - (A) This article does not limit or affect the method...

Section 15-61-350. Sale may be ordered without writ upon testimony taken. - Pursuant to Rule 71, South Carolina Rules of Civil Procedure,...

Section 15-61-360. Determination of value of property. - (A) Except as otherwise provided in subsections (B) and (C),...

Section 15-61-370. Cotenant requesting partition by sale. - (A) If any cotenant requests partition by sale, after the...

Section 15-61-380. Partition in kind or by allotment. - (A) If all the interests of the cotenants that requested...

Section 15-61-390. Determination of manifest prejudice or injury to cotenants as a group. - (A) In determining pursuant to Section 15-61-380(A) whether partition in...

Section 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids. - (A) If the court orders a sale of heirs' property,...

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South Carolina Code of Laws Title 15 - Civil Remedies and Procedures

South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures