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

Section 15-61-410. Report of broker appointed to offer heirs' property for open-market sale. - (A) Unless required otherwise to do so within a shorter...

Section 15-63-60. Action against usurpers, for forfeiture of office or against persons acting as corporation. - An action may be brought by the Attorney General in...

Section 15-63-70. Action to vacate or annul letters patent. - An action may be brought by the Attorney General in...

Section 15-63-80. One action may be brought against several persons claiming office or franchise. - When several persons claim to be entitled to the same...

Section 15-63-90. Joining of relator as plaintiff. - When an action shall be brought by the Attorney General,...

Section 15-63-100. Security for costs. - In every case the Attorney General, or circuit judge, as...

Section 15-63-110. Complaint and arrest of defendant in action for usurping office. - When such action shall be brought against a person for...

Section 15-63-120. Judgment in action for usurping office. - In every case judgment shall be rendered upon the right...

Section 15-63-130. Assumption of office by relator, when judgment is in his favor. - If the judgment be rendered upon the right of the...

Section 15-63-140. Proceedings against usurping defendant on refusal to deliver books or papers to relator. - If the defendant shall refuse or neglect to deliver over...

Section 15-63-150. Recovery of damages from usurper. - If judgment be rendered upon the right of the person...

Section 15-63-160. Judgment of exclusion from office or franchise; penalty for usurpation. - When a defendant, whether a natural person or corporation, against...

Section 15-63-170. Judgment of forfeiture against corporation. - If it shall be adjudged that a corporation against which...

Section 15-63-180. Costs against corporation or persons claiming to be such. - If judgment be rendered in such action against a corporation...

Section 15-63-190. Restraining corporation; appointment of receiver. - When such judgment shall be rendered against a corporation the...

Section 15-63-200. Filing judgment roll against corporation or vacating letters patent. - Upon the rendition of such judgment against a corporation or...

Section 15-63-210. Entry of judgment relating to letters patent; disposition of realty. - The Secretary of State shall, upon the filing of a...

Chapter 65 - Receivership And Other Provisional Remedies

Section 15-65-10. Appointment of receiver. - A receiver may be appointed by a judge of the...

Section 15-65-20. Notice of appointment shall be given. - No receiver of the property of any person or corporation...

Section 15-65-30. Notice to nonresident. - When the party whose property is sought to be placed...

Section 15-65-50. No receiver shall be appointed before judgment when bond is offered. - No receiver of the property of any person or corporation...

Section 15-65-60. Effect of bond given after appointment; return of property. - Whenever the court or judge before whom such application is...

Section 15-65-70. How bonds shall be made payable; filing. - The several bonds required by this chapter shall be made...

Section 15-65-80. Proceedings when security becomes insufficient. - Should the security become insufficient upon any of such bonds...

Section 15-65-90. Charging costs and ascertaining damages if receiver is improperly appointed. - Whenever a receiver shall have been appointed of any property...

Section 15-65-100. Compensation of receivers of corporate property. - Receivers of the property within this State of foreign or...

Section 15-65-110. Deposit of money and the like in court. - When it is admitted by the pleading or examination of...

Section 15-65-120. Enforcing order for deposit. - Whenever, in the exercise of its authority, a court shall...

Section 15-65-130. Order for sum admitted due. - When the answer of the defendant expressly, or by not...

Chapter 67 - Recovery Of Real Property

Section 15-67-10. Persons who may bring action to determine adverse claim. - Any person in possession of real property, by himself or...

Section 15-67-20. Plaintiff limited to one action for recovery of real property. - The plaintiff in actions for recovery of real property or...

Section 15-67-30. Propriety of service by publication; personal service out of State shall be sufficient. - When any action is commenced to determine adverse claims, publication...

Section 15-67-40. Service on unknown parties; notice of lis pendens. - In any action brought to determine adverse claims to real...

Section 15-67-50. Appearance of unknown parties; subsequent defense by minors. - All such unknown persons so served shall have the same...

Section 15-67-60. Reference to master; determining claims of nonresidents or minors. - In all actions brought under this article the court, or...

Section 15-67-70. Effect of judgment; persons bound. - Any judgment entered in an action to try adverse claims...

Section 15-67-80. Costs. - If the defendant in his answer disclaim any interest in...

Section 15-67-90. Time limitation upon reopening matter. - No judgment or decree quieting title to land or determining...

Section 15-67-100. Right to jury trial unchanged. - Nothing in this article shall be construed or held to...

Section 15-67-210. Presumption of possession; when occupation deemed under legal title. - In every action for the recovery of real property or...

Section 15-67-220. Effect of occupation under written instrument or court decree or judgment. - Whenever it shall appear (a)that the occupant or those under...

Section 15-67-230. What constitutes adverse possession under written instrument or court decree or judgment. - For the purpose of constituting an adverse possession by any...

Section 15-67-240. Premises held adversely but not under written instrument or court judgment or decree. - When it shall appear that there has been an actual...

Section 15-67-250. What constitutes adverse possession under claim of title not under written instrument or court judgment or decree. - For the purpose of constituting an adverse possession by a...

Section 15-67-260. Relation of landlord and tenant as affecting adverse possession. - Whenever the relation of landlord and tenant shall have existed...

Section 15-67-270. Petition for license to enter adjoining property to make improvements, repairs, or maintenance; good faith effort to obtain permission; evidentiary hearing; requirements and restrictions. - (A) When an owner or lessee of real property seeks...

Section 15-67-410. Action may be had against person wrongfully disseizing. - If any person be put out or disseized of any...

Section 15-67-420. Plaintiff's right to treble damages. - If the party grieved recover in such action and it...

Section 15-67-430. Court of common pleas shall have jurisdiction. - The court of common pleas of the county wherein such...

Section 15-67-440. Restitution of possession to tenants for years. - The court authorized and enabled upon inquiry to give restitution...

Section 15-67-450. Persons who have held by force three years are unaffected by this article. - They which keep their possessions with force in any lands...

Section 15-67-460. Putting party ousted in possession. - If it be found before any of them that any...

Section 15-67-470. Forms and proceedings in cases of forcible entry and detainer are same as for tenants holding over. - The forms and proceedings in cases of forcible entry and...

Section 15-67-610. Duty of magistrate in case of trespass. - If any person shall have gone into or shall hereafter...

Section 15-67-620. When warrant shall not be issued. - If the person in possession shall, before the expiration of...

Section 15-67-630. Fee of magistrate and sheriff or constable. - The magistrate shall be entitled to demand and receive from...

Section 15-67-640. Right to appeal; injunction; time of issuing warrant. - Either party to these proceedings shall have the right of...

Section 15-67-710. Remaindermen and certain others may compel production of person whose death he believes is being concealed. - Any person who shall have any claim or demand in...

Section 15-67-720. If such person is not produced, he is taken to be dead. - If the person proceeded against shall fail to produce such...

Section 15-67-730. Proceedings on affidavit that such person is beyond limits of State. - Should it appear by affidavit that the person sought is,...

Section 15-67-740. Rights preserved when it afterwards appears that person sought is living. - In case it should afterwards appear that the person sought...

Section 15-67-750. Guardian, husband or trustee may prove that such person was alive. - Nothing contained in Sections 15-67-710 through 15-67-730 shall prevent any...

Section 15-67-760. Guardians and others holding estates after determination of life estate adjudged to be trespassers. - Every person who, as guardian or trustee for any infant...

Section 15-67-770. Recovery of damages. - Every person, his executors or administrators, who are, or shall...

Chapter 69 - Recovery Of Personal Property

Section 15-69-10. Time when immediate delivery may be claimed. - The plaintiff, in an action to recover the possession of...

Section 15-69-20. Any one of several joint owners may sue for possession. - Any one or more of several joint owners of personal...

Section 15-69-30. Affidavit and requisites thereof. - When a delivery is claimed an affidavit must be made...

Section 15-69-40. Notice of right to preseizure hearing. - The plaintiff shall attach to the affidavit a notice of...

Section 15-69-50. Sheriff shall serve affidavit and notice; required security; sheriff shall be directed to take property. - Upon the receipt of the affidavit and notice, with a...

Section 15-69-60. Manner of effecting service; when sheriff shall take and retain property. - The sheriff shall without delay serve on the defendant a...

Section 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession. - The purpose of the preseizure hearing is to protect the...

Section 15-69-80. Notice and opportunity for preseizure hearing is required; waiver. - No property shall be seized under the provisions of this...

Section 15-69-90. Order restraining defendant from damaging, concealing or removing property. - The judge may issue an order which shall be concurrently...

Section 15-69-100. Determination upon affidavit showing danger of destruction or concealment. - Upon a showing unto the judge or clerk of court...

Section 15-69-110. Service of affidavit of waiver or probability of destruction or concealment. - If either an affidavit showing that the defendant has waived...

Section 15-69-120. Filing of notice and affidavit. - The sheriff shall file the notice and affidavit, with his...

Section 15-69-130. Exception to sureties. - The defendant may within three days after the service of...

Section 15-69-140. When defendant shall be entitled to redelivery; undertaking. - At any time before the delivery of the property to...

Section 15-69-150. Amount of bond required of defendant when claim is for debt. - In all actions in claim and delivery when the purpose...

Section 15-69-160. Justification of defendant's sureties. - The defendant's sureties, upon a notice to the plaintiff of...

Section 15-69-170. Manner of qualification and justification of sureties. - The qualifications of sureties and their justification shall be as...

Section 15-69-180. Taking of property concealed in building or enclosure. - If the property or any part thereof be concealed in...

Section 15-69-190. Keeping of property; sheriff's fees and expenses. - When the sheriff shall have taken property, as in this...

Section 15-69-200. Claim of property by third person. - If the property taken be claimed by any other person...

Section 15-69-210. Judgment. - In an action to recover the possession of personal property...

Chapter 72 - Jurisdiction Of Circuit Court

Section 15-72-10. Jurisdiction of circuit court. - Subject to the provisions of Section 62-5-433 the circuit court...

Chapter 73 - Sellers Of Defective Products

Section 15-73-10. Liability of seller for defective product. - (1) One who sells any product in a defective condition...

Section 15-73-20. Situation in which recovery shall be barred. - If the user or consumer discovers the defect and is...

Section 15-73-30. Intent of chapter. - Comments to Section 402A of the Restatement of Torts, Second,...

Section 15-73-40. Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff. - (A) In a products liability action involving firearms or ammunition,...

Chapter 74 - Liability Exemption For Donors Of Food

Section 15-74-10. Definitions. - For the purposes of this chapter, "distressed food" means canned...

Section 15-74-20. Good faith charitable donor of distressed food exempt from civil and criminal liability; exception. - The donor, in good faith, of distressed food apparently fit...

Section 15-74-30. Charitable or nonprofit organization receiving distressed food in good faith exempt from civil and criminal liability; exception. - A bona fide charitable or nonprofit organization or food bank...

Section 15-74-40. Neither regulatory authority of Department of Health and Environmental Control nor liability of producer or processor of defective food affected. - The provisions of this act shall not be deemed to...

Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct

Section 15-75-10. Imputation of want of chastity to female. - If any person shall utter and publish, either by writing...

Section 15-75-20. Loss of companionship of spouse. - Any person may maintain an action for damages arising from...

Section 15-75-40. Definitions. - (A) As used in this section: (1) "Shoplifting" means an...

Section 15-75-50. Use of a facsimile machine to transmit unsolicited advertising material prohibited; exceptions; civil actions. - (A) No person may use a machine that electronically transmits...

Section 15-75-51. Notice not to transmit unsolicited material required prior to imposition of penalty. - The penalty provided by Section 15-75-50, including injunctive relief, may...

Section 15-75-60. Sham legal processes involving persons impersonating government officials or employees, or by persons falsely asserting authority of law; remedies. - A person who is injured by a sham legal process...

Chapter 77 - Suits Involving State, State Agencies And Officials And United States

Section 15-77-10. Persons appointed by United States may prosecute in its behalf. - Every person authorized and appointed by the United States for...

Section 15-77-20. Suits affecting obligations of the State. - No suit shall be filed nor shall any pending suit...

Section 15-77-30. State as defendant in action affecting title to real estate. - In any action or suit at law affecting the title...

Section 15-77-40. Action for forfeiture of property to State. - Whenever by the provisions of law any property, real or...

Section 15-77-50. Jurisdiction and venue of actions affecting State agencies and officials. - The circuit courts of this State are hereby vested with...

Section 15-77-300. . Allowance of fees. - (A) In any civil action brought by the State, any...

Section 15-77-310. Petition. - The party shall petition for the attorney's fees within thirty...

Section 15-77-320. No right of action created. - Nothing in this article grants permission to bring an action...

Section 15-77-330. Payment of fees. - Any attorney's fees assessed against an agency under this article...

Section 15-77-340. Costs of blood tests. - In any civil action in which the paternal or maternal...

Chapter 78 - South Carolina Tort Claims Act

Section 15-78-10. Short title. - This chapter may be cited as the "South Carolina Tort...

Section 15-78-20. Legislative findings; declaration of public policy; extent of, and construction of, waiver of immunity. - (a) The General Assembly finds that while a private entrepreneur...

Section 15-78-30. Definitions. - (a) "Agency" means the individual office, agency, authority, department, commission,...

Section 15-78-40. Tort liability of State, agency, political subdivision, or governmental entity, generally. - The State, an agency, a political subdivision, and a governmental...

Section 15-78-50. Right of injured person to file claim; non-liability of governmental entity where employee would not be liable if a private person; injunctions against governmental entities. - (a) Any person who may suffer a loss proximately caused...

Section 15-78-60. Exceptions to waiver of immunity. - The governmental entity is not liable for a loss resulting...

Section 15-78-70. Liability for act of government employee; requirement that agency or political subdivision be named party defendant; effect of judgment or settlement. - (a) This chapter constitutes the exclusive remedy for any tort...

Section 15-78-80. Filing of verified claim; handling and disposition of claims; requirement that agencies and political subdivisions cooperate with State Fiscal Accountability Authority. - (a) A verified claim for damages under this chapter, setting...

Section 15-78-90. Settlement of claims and actions; institution of action where claim has or has not been filed. - (a) The State Fiscal Accountability Authority, or the political subdivision...

Section 15-78-100. When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants. - (a) Except as provided for in Section 15-3-40, an action...

Section 15-78-110. Statute of limitations. - Except as provided for in Section 15-3-40, any action brought...

Section 15-78-120. Limitation on liability; prohibition against recovery of punitive or exemplary damages or prejudgment interest; signature of attorney on pleadings, motions, or other papers. - (a) For any action or claim for damages brought under...

Section 15-78-130. Defense of political subdivision which has not purchased insurance through State Fiscal Accountability Authority. - The defense for a political subdivision against an action brought...

Section 15-78-140. Procurement of insurance by political subdivisions; exclusivity of remedies provided in this chapter. - (A) The political subdivisions of this State, in regard to...

Section 15-78-150. Authority of State Fiscal Accountability Authority to purchase liability insurance; funding of purchase by participating governmental entities; premiums set according to risk; development of actuarial rating system plan. - (a) The State Fiscal Accountability Authority is authorized to purchase...

Section 15-78-160. Nonliability of State Fiscal Accountability Authority where lack of insurance coverage results from agency's or political subdivision's failure to pay premium. - If an agency or political subdivision fails to pay any...

Section 15-78-170. Action or claim for death of person; division of recovery. - An action or claim for the death of a person...

Section 15-78-180. Applicability of chapter to causes of action arising before or after July 1, 1986. - The provisions of Chapter 78 of Title 15 of the...

Section 15-78-190. Compensation of plaintiff pursuant to underinsured or uninsured defendant provisions of plaintiff's insurance policy. - If the amount of the verdict or judgment is not...

Section 15-78-200. Exclusive and sole remedy for torts committed by employee of governmental entity while acting within scope of employee's official duty. - Notwithstanding any provision of law, this chapter, the "South Carolina...

Section 15-78-210. Rights and privileges preserved. - The provisions of Act 27 of 2005 do not affect...

Section 15-78-220. Rights and privileges not affected. - The provisions of Act 32 of 2005 do not affect...

Chapter 79 - Medical Malpractice Actions

Section 15-79-110. Definitions. - As used in this chapter: (1) "Ambulatory surgical facility" means...

Section 15-79-120. Mediation and arbitration. - At any time before a medical malpractice action is brought...

Section 15-79-125. Notice of Intent to File Suit as prerequisite to filing action; subpoena of medical of records; depositions; mandatory prelitigation mediation; initiating action; ADR participation. - (A) Prior to filing or initiating a civil action alleging...

Section 15-79-130. Report to licensing entity of expert testimony or evidence offered in bad faith or without reasonable basis. - If a judge finds that an expert health care provider...

Chapter 81 - Successor Asbestos-related Liability Fairness Act

Section 15-81-110. Citation of act. - This act may be cited as the "Successor Asbestos-Related Liability...

Section 15-81-120. Definitions. - For the purposes of this chapter: (1) "Asbestos claim" means...

Section 15-81-130. Applicability of limitations granted successor. - (A) The limitations of Section 15-81-140 apply to a corporation...

Section 15-81-140. Limitation of cumulative successor asbestos-related liabilities of corporation. - (A) Except as further limited in subsection (B), the cumulative...

Section 15-81-150. Establishing fair market value of total gross assets. - (A) A corporation may establish the fair market value of...

Section 15-81-160. Annual rate of adjustment of fair market value. - (A) Except as provided in subsections (B), (C), and (D),...

Chapter 82 - Limitation On Liability Of Land Possessors To Trespassers - Trepasser Responsibility Act

Section 15-82-10. Limitation on liability of land possessors to trespassers; exception. - (A) As used in this section, the terms: (1) "Possessor...

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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