S.C. Code Ann. § 15-41-30 — SC Code / Title 15 / Chapter 41 / Article 1 / Section 15-41-30
SECTION 15-41-30. Property exempt from attachment, levy, and sale.
Status: in_force

(A) The following real and personal property of a debtor domiciled in this State is exempt from attachment, levy, and sale under any mesne or final process issued by a court or bankruptcy proceeding: (1)(a) The debtor's aggregate interest, not to exceed fifty thousand dollars in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed one hundred thousand dollars. If there are multiple owners of such a living unit exempt as a homestead, the value of the exemption of each individual owner may not exceed his fractional portion of one hundred thousand dollars. (b) In addition to the aggregate interest as provided in subsection (A)(1)(a), a surviving spouse may also exempt the aggregate interest to which the surviving spouse succeeded by inheritance, testamentary transfer, or nonprobate transfer on the death of the decedent spouse, not to exceed fifty thousand dollars. For purposes of this subsection, a surviving spouse means a spouse married to the decedent at the time of death, who is entitled to the homestead property tax exemption as provided in Section 12-37-250, who has not remarried, and who is living in the residence or cooperative that is used as a residence. (2) The debtor's interest, not to exceed five thousand dollars in value, in one motor vehicle. (3) The debtor's interest, not to exceed four thousand dollars in aggregate value in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. (4) The debtor's aggregate interest, not to exceed one thousand dollars in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. (5) The debtor's aggregate interest in cash and other liquid assets to the extent of a value not exceeding five thousand dollars, except that this exemption is available only to an individual who does not claim a homestead exemption. The term "liquid assets" includes deposits, securities, notes, drafts, unpaid earnings not otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables. (6) The debtor's aggregate interest, not to exceed one thousand five hundred dollars in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor. (7) The debtor's aggregate interest in any property, not to exceed five thousand dollars in value of an unused exemption amount to which the debtor is entitled pursuant to subsection (A), items (1) through (6). (8) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract. (9) The debtor's aggregate interest, not to exceed in value four thousand dollars less any amount of property of the estate transferred in the manner specified in Section 542(d) of the Bankruptcy Code of 1978, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent. (10) Professionally prescribed health aids for the debtor or a dependent of the debtor. (11) The debtor's right to receive or property that is traceable to: (a) a social security benefit, unemployment compensation, or a local public assistance benefit; (b) a veteran's benefit; (c) a disability benefit, except as provided in Section 15-41-33, or an illness or unemployment benefit; (d) alimony, support, or separate maintenance; or (e) a payment under a stock bonus, pension, profit sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, unless: (i) the plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor's rights under the plan or contract arose; (ii) the payment is on account of age or length of service; and (iii) the plan or contract does not qualify under Sections 401(a), 403(a), 403(b), or 409 of the Internal Revenue Code of 1954 (26 U.S.C. 401(a), 403(a), 403(b), or 409). (12) The debtor's right to receive or property that is traceable to: (a) an award under a crime victim's reparation law; (b) a payment on account of the bodily injury of the debtor or of the wrongful death or bodily injury of another individual of whom the debtor was or is a dependent; or (c) a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (13) The debtor's right to receive individual retirement accounts as described in Sections 408(a) and 408A of the Internal Revenue Code, individual retirement annuities as described in Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408(c) of the Internal Revenue Code. A claimed exemption may be reduced or eliminated by the amount of a fraudulent conveyance into the individual retirement account or other plan. For purposes of this item, "Internal Revenue Code" has the meaning provided in Section 12-6-40(A). The interest of an individual under a retirement plan shall be exempt from creditor process and is an exception to Section 15-41-35. The exemption provided by this section shall be available whether such individual has an interest in the retirement plan as a participant, beneficiary, contingent annuitant, alternate payee, or otherwise. (14) The debtor's interest in a pension plan qualified under the Employee Retirement Income Security Act of 1974, as amended. (15) The debtor's aggregate interest, not to exceed three thousand dollars in value in any rifle, shotgun, pistol, or any combination not to exceed three firearms. (B) Beginning on July 1, 2008, and each even-numbered year thereafter, each dollar amount in subsection (A), items (1) through (14), immediately before July first, must be adjusted to reflect the change in the Southeastern Consumer Price Index, All Urban Consumers, as published by the Department of Labor, Bureau of Labor Statistics, for the most recent year ending immediately before January first preceding July first, and to round to the nearest twenty-five dollars, the dollar amount that represents this change. No later than March first of each even-numbered year, the Economic Research Division of the Revenue and Fiscal Affairs Office shall publish in the State Register the dollar amounts that will become effective on July first of each even-numbered year. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). At the direction of the Code Commissioner, the amendments made by 2017 Act No. 63 and 2017 Act No. 69 were read together. Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, SECTION 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office". Editor's Note 2006 Act No. 300, SECTION 1, provides as follows: "This act may be cited as the "Home Security Act". It is the intent of the General Assembly, because of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, to offer to the citizens of South Carolina protection for their homes in the event that financial difficulties, such as military deployment or extreme medical emergencies, occur for which bankruptcy filing may be the only available remedy." 2008 Act No. 225, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and is immediately applicable to all attachments, levies, and sales under any mesne or final process issued by a court or bankruptcy proceeding." Effect of Amendment The 2006 amendment, in subsection (B) in the first sentence substituted "fifty thousand" for "five thousand" dollars and "one hundred thousand" for "ten thousand" dollars, and added the third and fourth sentences relating to adjustment of the exemptions. The 2008 amendment, in paragraph (A)(1), deleted the third and fourth sentences; in paragraph (A)(2), substituted "five thousand dollars" for "one thousand two hundred dollars"; in paragraph (A)(3), substituted "four thousand dollars" for "two thousand five hundred dollars"; in paragraph (A)(4), substituted "one thousand dollars" for "five hundred dollars"; in paragraph (A)(5), substituted "five thousand dollars" for "one thousand dollars"; in paragraph (A)(6), substituted "one thousand five hundred dollars" for "seven hundred fifth dollars"; added paragraph (A)(7); redesignated paragraphs (A)(7) to (A)(13) as paragraphs (A)(8) to (A)(14); and added subsection (B) relating to adjustment of the amounts in paragraphs (A)(1) to (14). The 2012 amendment in subsection (A)(13) deleted ", to the extent reasonably necessary for the support of the debtor and any dependent of the debtor" at the end of the first sentence, and added the last two sentences. 2017 Act No. 63, SECTION 1, in (A)(13), in the fourth sentence, deleted "to the same extent permitted in Section 522(d) under federal bankruptcy law". 2017 Act No. 69, SECTION 1, in (A), redesignated (1) as (1)(a), added (1)(b), providing that a surviving spouse may also exempt the aggregate interest to which the surviving spouse succeeded by inheritance, testamentary transfer, or nonprobate transfer, and added (15), relating to the debtor's aggregate interest in any combination of up to three firearms.
S.C. Code Ann. § 15-17-530 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-530
SECTION 15-17-530. Fees allowed clerk for hearing application.
Status: in_force

The clerk who may hear and determine the application of a debtor for the benefit of the provisions of this article shall, if the application be unlitigated, be entitled to receive as a compensation for his services the sum of two dollars out of the property that may be assigned, and whenever the application is litigated the clerk shall be entitled to receive the sum of four dollars as a compensation for his services out of the property of the debtor if the final decision be against him, but if it be in his favor, then such sum shall be paid by the plaintiff.
S.C. Code Ann. § 15-5-100 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-100
SECTION 15-5-100. Damages under SECTIONSECTION 15-5-90 or 15-51-10 may include funeral expenses.
Status: in_force

Damages recoverable under either SECTIONS 15-5-90 or 15-51-10 may include reasonable funeral expenses, but such funeral expenses shall be sought in only one action.
S.C. Code Ann. § 15-9-730 — SC Code / Title 15 / Chapter 9 / Article 5 / Section 15-9-730
SECTION 15-9-730. Service on certain domestic corporations by publication.
Status: in_force

In any action or proceeding in this State in which the defendant is a corporation created by or organized under the laws of this State when no officer or agent thereof upon whom service of process can be made can, after due diligence, be found in this State and this is made to appear by affidavit, process may be served upon such corporation by publication.
S.C. Code Ann. § 15-67-80 — SC Code / Title 15 / Chapter 67 / Article 1 / Section 15-67-80
SECTION 15-67-80. Costs.
Status: in_force

If the defendant in his answer disclaim any interest in the property or suffer judgment to be taken against him without answer the plaintiff cannot recover costs. But if the summons has been served upon the defendant personally and it is made to appear that, after the accrual of the cause of action and before commencement thereof, the plaintiff demanded in writing of the defendant and the defendant neglected to execute within a reasonable time thereafter a good and sufficient quitclaim deed of the property described in the complaint, upon tender of such deed ready for execution, the plaintiff shall nevertheless recover his costs.
S.C. Code Ann. § 15-39-890 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-890
SECTION 15-39-890. Reacquisition of property by lien debtor.
Status: in_force

No lien on real property barred by a public sale of such real property at any execution or judicial sale heretofore made in the manner provided in SECTION 15-39-880, nor any transcript, extension, renewal or revival thereof, shall constitute a lien or attach or reattach as a lien on the real property so sold, or any part thereof, if acquired by the lien debtor subsequent to May 11, 1935.
S.C. Code Ann. § 15-61-350 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-350
SECTION 15-61-350. Sale may be ordered without writ upon testimony taken.
Status: in_force

Pursuant to Rule 71, South Carolina Rules of Civil Procedure, this article does not affect a court's power, in partition proceedings, to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such a writ. A court may, in all partition proceedings, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind or partition by allotment among the parties is practicable or expedient and, when such cannot be fairly and equally made, may order the sale of the property and a division of the proceeds according to the rights of the parties. If a court issues a writ of partition and appoints commissioners pursuant to Rule 71, South Carolina Rules of Civil Procedure, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Rule 71, must be disinterested and impartial and not a party to or a participant in the action. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
S.C. Code Ann. § 15-39-700 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-700
SECTION 15-39-700. Place of sales.
Status: in_force

The place of sheriff's sales, as to real estate, shall be at the courthouse of the county. Personalty may be sold at the place whereon it may be found by the sheriff upon levy or such other more convenient place as may be selected.
S.C. Code Ann. § 15-19-240 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-240
SECTION 15-19-240. Attachment of real estate.
Status: in_force

When real estate is attached a true and attested copy of the attachment, together with a description of the real estate attached, shall be, by the officer serving the warrant of attachment, delivered to the party whose real estate is attached or left at his last and usual place of abode. And the officer making such service shall also leave a true and attested copy of such attachment, together with a description of the real estate so attached, in the office in which by law a deed of such estate is required to be recorded. If the party whose estate is attached does not reside in this State then such copy shall be delivered to his tenant, agent, or attorney if any be known, and, if no such agent, tenant or attorney be known, then a copy of such warrant of attachment with the officer's return thereon lodged in the office in which by law a deed of such real estate ought to be recorded shall be deemed sufficient service. The clerk or register of the office wherein any such warrant of attachment is required to be lodged shall receive such warrant and enter in a book kept for that purpose the names of the parties, the date of the warrant of attachment, the sum demanded and the officer's return thereon. Such attachment shall be a lien subject to all prior liens and bind the real estate attached from the date of lodgment. All attachments lodged upon the same day shall take rank together.
S.C. Code Ann. § 15-79-110 — SC Code / Title 15 / Chapter 79 / Section 15-79-110
SECTION 15-79-110. Definitions.
Status: in_force

As used in this chapter: (1) "Ambulatory surgical facility" means a licensed, distinct, freestanding, self-contained entity that is organized, administered, equipped, and operated exclusively for the purpose of performing surgical procedures or related care, treatment, procedures, and/or services, by licensed health care providers, for which patients are scheduled to arrive, receive surgery or related care, treatment, procedures, and/or services, and be discharged on the same day. This term does not include abortion clinics. (2) "Health care institution" means an ambulatory surgical facility, a hospital, an institutional general infirmary, a nursing home, and a renal dialysis facility. (3) "Health care provider" means a physician, surgeon, osteopath, nurse, oral surgeon, dentist, pharmacist, chiropractor, optometrist, podiatrist, or any similar category of licensed health care provider, including a health care practice, association, partnership, or other legal entity. (4) "Hospital" means a licensed facility with an organized medical staff to maintain and operate organized facilities and services to accommodate two or more nonrelated persons for the diagnosis, treatment, and care of such persons over a period exceeding twenty-four hours and provides medical and surgical care of acute illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care are administered by or performed under the direction of persons currently licensed to practice medicine and surgery in the State of South Carolina. This term includes a hospital that provides specialized service for one type of care, such as tuberculosis, maternity, or orthopedics. (5) "Institutional general infirmary" means a licensed facility which is established within the jurisdiction of a larger nonmedical institution and which maintains and operates organized facilities and services to accommodate two or more nonrelated students, residents, or inmates with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, or care are administered by or performed under the direction of persons currently licensed to practice medicine and surgery in the State of South Carolina. (6) "Medical malpractice" means doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances. (7) "Nursing home" means a licensed facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing skilled nursing services for persons who are not in need of hospital care. This term does not include assisted living, independent living, or community residential care facilities that do not provide skilled nursing services. (8) "Renal dialysis facility" means an outpatient facility which offers staff assisted dialysis or training and supported services for self-dialysis to end-stage renal disease patients. (9) "Skilled nursing services" means services that: (a) are ordered by a physician; (b) require the skills of technical or professional personnel such as registered nurses, licensed practical (vocational) nurses, physical therapists, occupational therapists, and speech pathologists or audiologists; and (c) are furnished directly by, or under the supervision of such personnel.
S.C. Code Ann. § 15-65-10 — SC Code / Title 15 / Chapter 65 / Section 15-65-10
SECTION 15-65-10. Appointment of receiver.
Status: in_force

A receiver may be appointed by a judge of the circuit court, either in or out of court: (1) Before judgment, on the application of either party, when he establishes an apparent right to property which is the subject of the action and which is in the possession of an adverse party and the property, or its rents and profits, are in danger of being lost or materially injured or impaired, except in cases when judgment upon failure to answer may be had without application to the court; (2) After judgment, to carry the judgment into effect; (3) After judgment, to dispose of the property according to the judgment or to preserve it during the pendency of an appeal or when an execution has been returned unsatisfied and the judgment debtor refuses to apply his property in satisfaction of the judgment; (4) When a corporation has been dissolved, is insolvent or in imminent danger of insolvency or has forfeited its corporate rights, and, in like cases, of the property within this State of foreign corporations; and (5) In such other cases as are provided by law or may be in accordance with the existing practice, except as otherwise provided in this Code.
S.C. Code Ann. § 15-50-130 — SC Code / Title 15 / Chapter 50 / Section 15-50-130
SECTION 15-50-130. Exclusions for breaches or omissions.
Status: in_force

The liability of the surety under the bond is not affected by any breach of contract, breach of warranty, failure to pay a premium or other act or omission of the bonded structured settlement purchase company, or by any insolvency or bankruptcy of the structured settlement purchase company. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
S.C. Code Ann. § 15-17-230 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-230
SECTION 15-17-230. Qualification of bail.
Status: in_force

The qualification of bail must be as follows: (1) Each of them must be a resident and householder or freeholder within the State; and (2) Each of them must be worth the amount specified in the order of arrest, exclusive of property exempt from execution. But the judge or clerk of the court, on justification, may allow more than two bail to justify severally in amounts less than that expressed in the order if the whole justification be equivalent to that of two sufficient bail.
S.C. Code Ann. § 15-50-20 — SC Code / Title 15 / Chapter 50 / Section 15-50-20
SECTION 15-50-20. Definitions.
Status: in_force

As used in this chapter: (1) "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) "Assignee" means a person acquiring or proposing to acquire structured settlement payments from a structured settlement purchase company or transferee after, or concurrently with, the transfer of the structured settlement payment rights by the payee to the structured settlement purchase company or transferee. (3) "Dependents" include a payee's spouse and minor children and all other persons for whom the payee legally is obligated to provide support, including alimony. (4) "Discounted present value" means the present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (5) "Effective annual interest rate" means the effective rate of interest per year the payee will be paying the transferee based on the net advance amount that a payee will receive from the transferee and the amounts and timing of the structured settlement payments that the payee is transferring to the transferee. (6) "Gross advance amount" means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before a reduction for transfer expenses or other deduction is made from the consideration. (7) "Independent professional advice" means advice of an attorney, certified public accountant, actuary, or other licensed professional advisor. (8) "Interested parties" means, with respect to a structured settlement, the payee, a beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under the structured settlement. (9) "Net advance amount" means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses that must be disclosed pursuant to Section 15-50-30(5). (10) "Payee" means an individual who is receiving tax-free payments under a structured settlement and who proposes to make a transfer of payment rights under the settlement. (11) "Periodic payments" includes recurring payments and scheduled future lump-sum payments. (12) "Prospective payee" means an individual who is receiving tax-free payments under a structured settlement pursuant to United States Code, Title 26, Section 130, and who has been personally and individually solicited by and has not yet proposed to transfer all or a portion of the structured settlement payment rights to a structured settlement purchase company. (13) "Qualified assignment agreement" means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26. (14) "Secretary" means the Secretary of State. (15) "Settled claim" means the original tort claim resolved by a structured settlement. (16) "Structured settlement" means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim. Notwithstanding another provision of law, a structured settlement is not a consumer loan or otherwise subject to Title 37. (17) "Structured settlement agreement" means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement. (18) "Structured settlement obligor" means, with respect to a structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement. (19) "Structured settlement payment rights" means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if the: (a) payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this State; or (b) structured settlement agreement was approved by a court in this State; or (c) structured settlement agreement is governed expressly by the laws of this State. (20) "Structured settlement purchase company" means a person who acts as a transferee in the State and who is registered with the Secretary pursuant to Section 15-50-80 through Section 15-50-150. (21) "Structured settlement transfer proceeding" means a court proceeding initiated by the filing of an application by a structured settlement purchase company seeking court approval of a transfer in accordance with this chapter. (22) "Terms of the structured settlement" include the terms of the structured settlement agreement, the annuity contract, a qualified assignment agreement, and an order or other approval of a court that approved a structured settlement agreement. (23) "Transfer" means the sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; except that the term "transfer" does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of an action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest of it, or otherwise to enforce the blanket security interest against the structured settlement payment rights. (24) "Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights. (25) "Transfer expenses" means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount including, without limitation, court filing fees, attorneys' fees, escrow fees, lien recordation fees, judgment and lien search fees, finder's fees, commissions, and other payments to a broker or other intermediary. "Transfer expenses" do not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer. (26) "Transfer order" means an order approving a transfer in accordance with this chapter. (27) "Transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date." Effect of Amendment 2023 Act No. 22, SECTION 1, rewrote the section.
S.C. Code Ann. § 15-1-230 — SC Code / Title 15 / Chapter 1 / Section 15-1-230
SECTION 15-1-230. Bonds in judicial proceedings.
Status: in_force

In all judicial proceedings, whenever it may become necessary for any party thereto to give a bond for any purpose, the bond of such party having as surety thereon any surety company authorized to do business in this State may be accepted by any officer or court whose duty is to approve such bond, without other surety. The provisions of this section shall apply to bonds given in connection with any appellate proceeding for the purpose of obtaining supersedeas or for any other purpose. And in all actions or proceedings the party entitled to recover costs may include therein such reasonable sum as may have been paid such company executing or guaranteeing any bond or undertaking therein. No person having the approval of any such bond shall exact that it be furnished by a guaranty company or any particular guaranty company.
S.C. Code Ann. § 15-63-150 — SC Code / Title 15 / Chapter 63 / Section 15-63-150
SECTION 15-63-150. Recovery of damages from usurper.
Status: in_force

If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages he shall have sustained by reason of the usurpation by the defendant of the office from which such defendant has been excluded.
S.C. Code Ann. § 15-69-70 — SC Code / Title 15 / Chapter 69 / Section 15-69-70
SECTION 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession.
Status: in_force

The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the judge shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the judge may allow the claim for immediate possession and endorse the affidavit accordingly.
S.C. Code Ann. § 15-65-60 — SC Code / Title 15 / Chapter 65 / Section 15-65-60
SECTION 15-65-60. Effect of bond given after appointment; return of property.
Status: in_force

Whenever the court or judge before whom such application is made shall appoint a receiver before final judgment in the cause there shall be inserted in the order of appointment a clause fixing the value of the property for which the bond may be given, as prescribed in SECTION 15-65-50. And upon the due execution and filing of such bond thereafter before final judgment in the cause the court or judge shall vacate the appointment of such receiver and direct the redelivery of the property to the party from whose possession it was taken; provided, that when, under the orders of the court or judge, the receiver has incurred any lawful charges and expenses in the care and custody of the property put into his hands the court or judge, before directing the redelivery, may require sufficient security to be given in addition for the payment of such lawful charges and expenses should they be thereafter finally adjudged to be chargeable against the property.
S.C. Code Ann. § 15-38-20 — SC Code / Title 15 / Chapter 38 / Section 15-38-20
SECTION 15-38-20. Right of contribution.
Status: in_force

(A) Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. (B) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability. (C) There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death. (D) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable. (E) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship. (F) This chapter does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation. (G) This chapter does not apply to breaches of trust or of other fiduciary obligation.
S.C. Code Ann. § 15-35-940 — SC Code / Title 15 / Chapter 35 / Article 11 / Section 15-35-940
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.
Status: in_force

(A) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, that enforcement has been stayed by the court which rendered it, or on any other ground for which relief from a judgment of this State is allowed. (B) If the judgment debtor has filed a motion for relief or notice of defenses, then the judgment creditor may move for enforcement or security of the foreign judgment as a judgment of this State, if all appeals of the foreign judgment are finally concluded and the judgment is not further contested. The judgment creditor's motion must be heard before a judge who has jurisdiction of the matter based upon the amount in controversy as the amount remaining unpaid on the foreign judgment. The South Carolina Rules of Civil Procedure apply. The judgment creditor has the burden of proving that the foreign judgment is entitled to full faith and credit.
S.C. Code Ann. § 15-3-330 — SC Code / Title 15 / Chapter 3 / Article 3 / Section 15-3-330
SECTION 15-3-330. Action after State grants or patents have been declared void.
Status: in_force

When letters patent or grants of real property shall have been issued or made by the State and such letters patent or grants shall be declared void by the determination of a competent court rendered upon an allegation of a fraudulent suggestion, concealment, forfeiture, mistake, ignorance of a material fact, wrongful detaining or defective title an action for the recovery of the premises so conveyed may be brought either by the State or by any subsequent patentee or grantee of the premises, his heirs or assigns, within ten years after such determination was made but not after that period.
S.C. Code Ann. § 15-79-125 — SC Code / Title 15 / Chapter 79 / Section 15-79-125
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.
Status: in_force

(A) Prior to filing or initiating a civil action alleging injury or death as a result of medical malpractice, the plaintiff shall contemporaneously file a Notice of Intent to File Suit and an affidavit of an expert witness, subject to the affidavit requirements established in Section 15-36-100, in a county in which venue would be proper for filing or initiating the civil action. The notice must name all adverse parties as defendants, must contain a short and plain statement of the facts showing that the party filing the notice is entitled to relief, must be signed by the plaintiff or by his attorney, and must include any standard interrogatories or similar disclosures required by the South Carolina Rules of Civil Procedure. Filing the Notice of Intent to File Suit tolls all applicable statutes of limitations. The Notice of Intent to File Suit must be served upon all named defendants in accordance with the service rules for a summons and complaint outlined in the South Carolina Rules of Civil Procedure. (B) After the Notice of Intent to File Suit is filed and served, all named parties may subpoena medical records and other documents potentially related to the medical malpractice claim pursuant to the rules governing the service and enforcement of subpoenas outlined in the South Carolina Rules of Civil Procedure. Upon leave of court, the named parties also may take depositions pursuant to the rules governing discovery outlined in the South Carolina Rules of Civil Procedure. (C) Within ninety days and no later than one hundred twenty days from the service of the Notice of Intent to File Suit, the parties shall participate in a mediation conference unless an extension for no more than sixty days is granted by the court based upon a finding of good cause. Unless inconsistent with this section, the Circuit Court Alternative Dispute Resolution Rules in effect at the time of the mediation conference for all or any part of the State shall govern the mediation process, including compensation of the mediator and payment of the fees and expenses of the mediation conference. The parties otherwise are responsible for their own expenses related to mediation pursuant to this section. (D) The circuit court has jurisdiction to enforce the provisions of this section. (E) If the matter cannot be resolved through mediation, the plaintiff may initiate the civil action by filing a summons and complaint pursuant to the South Carolina Rules of Civil Procedure. The action must be filed: (1) within sixty days after the mediator determines that the mediation is not viable, that an impasse exists, or that the mediation should end; or (2) prior to expiration of the statute of limitations, whichever is later. (F) Participation in the prelitigation mediation pursuant to this section does not alter or eliminate any obligation of the parties to participate in alternative dispute resolution after the civil action is initiated. However, there is no requirement for participation in more than one alternative dispute resolution forum following the filing of a summons and complaint to initiate a civil action in the matter.
S.C. Code Ann. § 15-49-30 — SC Code / Title 15 / Chapter 49 / Section 15-49-30
SECTION 15-49-30. Filing fee.
Status: in_force

The filing fee provided in Section 8-21-310(C)(1) applies with respect to an action for change of name.
S.C. Code Ann. § 15-17-540 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-540
SECTION 15-17-540. Fees allowed sheriff.
Status: in_force

The sheriff shall receive the sum of five dollars as a compensation for summoning the freeholders, to be paid out of the property of the debtor, if his application be refused, and, if granted, to be paid by the plaintiff.
S.C. Code Ann. § 15-3-340 — SC Code / Title 15 / Chapter 3 / Article 3 / Section 15-3-340
SECTION 15-3-340. Action by individual for recovery of real property.
Status: in_force

No action for the recovery of real property or for the recovery of the possession of real property may be maintained unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within ten years before the commencement of the action.
S.C. Code Ann. § 15-39-340 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-340
SECTION 15-39-340. Debtor of execution debtor may pay debt to sheriff.
Status: in_force

After the issuing of execution against property any person indebted to the judgment debtor may pay to the sheriff the amount of his debt or so much thereof as shall be necessary to satisfy the execution. The sheriff's receipt shall be a sufficient discharge for the amount so paid.
S.C. Code Ann. § 15-67-710 — SC Code / Title 15 / Chapter 67 / Article 9 / Section 15-67-710
SECTION 15-67-710. Remaindermen and certain others may compel production of person whose death he believes is being concealed.
Status: in_force

Any person who shall have any claim or demand in or to any remainder, reversion or expectance in or to any estate after the death of any other person may, once a year, make affidavit of his title, that he has cause to believe that such other person is dead and that his death is concealed by his guardian, trustee, husband or any other person and apply to the court of common pleas for an order requiring such guardian, trustee, husband or other person concealing, or suspected of concealing, the death of such other person, at such time and place as the court shall direct, on due service of such order, to produce and show such person whose death is suspected to such person or persons, not exceeding two, as shall, in such order, be named by the party prosecuting such order.
S.C. Code Ann. § 15-3-100 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-100
SECTION 15-3-100. Effect of stay of action by injunction or statutory prohibition.
Status: in_force

When the commencement of an action shall be stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition shall not be part of the time limited for the commencement of the action.
S.C. Code Ann. § 15-67-440 — SC Code / Title 15 / Chapter 67 / Article 5 / Section 15-67-440
SECTION 15-67-440. Restitution of possession to tenants for years.
Status: in_force

The court authorized and enabled upon inquiry to give restitution of possession unto tenants of any estate of freehold of their lands or tenements which shall be entered upon with force or from them withholden by force shall have the like and the same authority and ability, upon indictment of such forcible entries or forcible withholdings before them duly found, to give like restitution of possession unto tenants for terms of years of lands or tenements by them so holden which shall be entered upon by force or holden from them by force.
S.C. Code Ann. § 15-67-760 — SC Code / Title 15 / Chapter 67 / Article 9 / Section 15-67-760
SECTION 15-67-760. Guardians and others holding estates after determination of life estate adjudged to be trespassers.
Status: in_force

Every person who, as guardian or trustee for any infant and every other person having any estate determinable upon any life or lives who, after the determination of such particular estate or interests, without the express consent of him or them who are, or shall be, next and immediately entitled upon and after the determination of such particular estates or interests, shall hold over and continue in possession of any lands, tenements or hereditaments shall be, and are hereby, adjudged to be trespassers.
S.C. Code Ann. § 15-3-545 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-545
SECTION 15-3-545. Actions for medical malpractice.
Status: in_force

(A) In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5, Chapter 79, Title 38 acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section. (B) When the action is for damages arising out of the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body or person of any one or the negligent placement of any appliance or apparatus in or upon any such person by any licensed health care provider acting within the scope of his profession by reason of any medical, surgical, or dental treatment or operation, the action must be commenced within two years from date of discovery or when it reasonably ought to have been discovered; provided, that, in no event shall there be a limitation on the commencement of the action less than three years after the placement or leaving of the appliance or apparatus. (C) The provisions of this section apply only to causes of action which arise after June 10, 1977, and, as to causes of action which arise prior to June 10, 1977, the statute of limitations existing prior to June 10, 1977, applies. (D) Notwithstanding the provisions of Section 15-3-40, if a person entitled to bring an action against a licensed health care provider acting within the scope of his profession is under the age of majority at the date of the treatment, omission, or operation giving rise to the cause of action, the time period or periods limiting filing of the action are not tolled for a period of more than seven years on account of minority, and in any case more than one year after the disability ceases. Such time limitation is tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.
S.C. Code Ann. § 15-17-70 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-70
SECTION 15-17-70. Making and serving order for arrest; contents.
Status: in_force

The order may be made to accompany the summons or at any time afterwards before judgment. It shall require the sheriff or constable of the county in which the defendant may be found forthwith to arrest him and hold him to bail in a specified sum and to return the order at a place and time therein mentioned to the plaintiff or attorney by whom it shall be subscribed or endorsed. But the order of arrest shall be of no avail and shall be vacated or set aside, on motion, unless it is served upon the defendant, as provided by law, before the docketing of any judgment in the action. The defendant shall have twenty days, after the service of the order of arrest, in which to answer the complaint.
S.C. Code Ann. § 15-61-360 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-360
SECTION 15-61-360. Determination of value of property.
Status: in_force

(A) Except as otherwise provided in subsections (B) and (C), if a court determines that property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (D). (B) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. (C) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall establish by order the fair market value of the property. The court shall send notice of the order to the party that filed the partition action. Within one week from the date notice was sent, the party that filed the partition action shall send a copy of the order establishing the fair market value of the property to all other cotenants with a known address. (D) If a court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this State to determine the fair market value of the property assuming sole ownership of the fee simple estate. On appointment of the appraiser, the court shall order the appraiser to file with the court a sworn or verified appraisal upon its completion and the court shall send to the party that filed the partition action a notice of the appraisal filing stating: (1) the appraised fair market value of the property; (2) that the appraisal is available at the clerk's office; and (3) that a party may file with the court an objection to the appraisal no later than thirty days after the notice is sent, stating the grounds for the objection. (E) If an appraisal is filed pursuant to subsection (D), within one week from the date the notice was sent, the party that filed the partition action shall send notice to all other cotenants with a known address, stating: (1) the appraised fair market value of the property; (2) that the appraisal is available at the clerk's office; and (3) that a party may file with the court an objection to the appraisal no later than thirty days after the notice is sent stating the grounds for the objection. (F) If an appraisal is filed with the court pursuant to subsection (D), the court shall conduct a hearing to determine the fair market value of the property not sooner than sixty days after a copy of the notice of the appraisal is sent to each party under subsections (D) and (E), whether or not an objection to the appraisal is filed. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. (G) After a hearing under subsection (F), but before considering the merits of the partition action, the court, by order, shall determine the fair market value of the property. The court shall send notice of the order to the party that filed the partition action and, within one week from the date notice was sent, the party filing the partition action shall send copies of the fair market value order to all other cotenants with a known address. (H) The court, in its discretion, shall determine allocation of payment from the parties to cover the costs of the appraisal. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
S.C. Code Ann. § 15-67-470 — SC Code / Title 15 / Chapter 67 / Article 5 / Section 15-67-470
SECTION 15-67-470. Forms and proceedings in cases of forcible entry and detainer are same as for tenants holding over.
Status: in_force

The forms and proceedings in cases of forcible entry and detainer shall be such as are prescribed by law in cases when tenants hold over after the expiration of their leases.
S.C. Code Ann. § 15-17-270 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-270
SECTION 15-17-270. Justification of bail.
Status: in_force

For the purpose of justification each of the bail shall attend before the judge, magistrate or clerk of the court at the time and place mentioned in the notice and may be examined on oath on the part of the plaintiff touching his sufficiency in such manner as the judge, magistrate or clerk of the court, in his discretion, may think proper. The examination shall be reduced to writing and subscribed by the bail if required by the plaintiff.
S.C. Code Ann. § 15-48-210 — SC Code / Title 15 / Chapter 48 / Section 15-48-210
SECTION 15-48-210. Chapter not retroactive.
Status: in_force

This chapter applies only to agreements made subsequent to the effective date of this chapter.
S.C. Code Ann. § 15-11-50 — SC Code / Title 15 / Chapter 11 / Section 15-11-50
SECTION 15-11-50. Limitation of effect of notice; refiling.
Status: in_force

When the summons is published or served as above provided the notice of the pendency of the action shall constitute notice for only five years from the date of the filing of such notice, and, in order to provide constructive notice to a purchaser or encumbrancer of the property affected thereby after such five-year period or any such period after a refiling, the notice shall be refiled within five years from the date of filing in the first instance and within five years from the date of any such refiling. In the event any such notice be refiled it shall be entered in the book provided therefor as required for the original entry, and the clerk shall note upon the record of the filing that it is a refiling of such notice and shall also note thereupon the date of the first entry and the book and page at which such notice is filed.
S.C. Code Ann. § 15-35-910 — SC Code / Title 15 / Chapter 35 / Article 11 / Section 15-35-910
SECTION 15-35-910. Definitions.
Status: repealed

As used in this article, unless the context requires otherwise: (1) "Foreign judgment" means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in Section 63-17-2910 (the Uniform Interstate Family Support Act) or a "custody decree", as defined in Section 63-15-302 (the Uniform Child Custody Jurisdiction Act). (2) "Judgment debtor" means the party against whom a foreign judgment has been rendered. (3) "Judgment creditor" means the party in whose favor a foreign judgment has been rendered. Code Commissioner's Note At the direction of the Code Commissioner, the reference in item (1) to Section 20-7-786 was changed to Section 20-7-6002, section 20-7-786 having been repealed by 2007 Act No. 60; and in accordance with 2008 Act No. 361 (Children's Code), the references in item (1) to Sections 20-17-2910 and 20-7-6002 were changed to 63-17-2910 and 63-15-302, respectively.
S.C. Code Ann. § 15-19-370 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-370
SECTION 15-19-370. Disposition of residue when judgment is paid.
Status: in_force

When the judgment and all costs of the proceedings shall have been paid the sheriff or constable, upon reasonable demand, shall deliver over to the defendant the residue of the attached property or the proceeds thereof.
S.C. Code Ann. § 15-37-100 — SC Code / Title 15 / Chapter 37 / Section 15-37-100
SECTION 15-37-100. Costs on review of decision of inferior court in special proceeding.
Status: in_force

When the decision of a court of inferior jurisdiction in a special proceeding, including appeals from probate courts, shall be brought before the circuit court for review such proceeding shall, for all purposes of costs, be deemed an action at issue on a question of law from the time the proceeding shall be brought into court, and costs thereon shall be awarded and collected as provided by law.
S.C. Code Ann. § 15-11-30 — SC Code / Title 15 / Chapter 11 / Section 15-11-30
SECTION 15-11-30. Service required.
Status: in_force

Such notice shall be of no avail unless it shall be followed by the first publication of the summons or an order therefor or by the personal service thereof on a defendant within sixty days after such filing.
S.C. Code Ann. § 15-61-40 — SC Code / Title 15 / Chapter 61 / Article 1 / Section 15-61-40
SECTION 15-61-40. Validation of certain titles.
Status: in_force

All titles to real estate conveyed prior to March 18 1924 under order of the court in partition cases when one or more of the parties in interest had died without heirs or other disposition of the estate are hereby validated in so far as they may be affected by the provisions of this chapter.
S.C. Code Ann. § 15-9-290 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-290
SECTION 15-9-290. Service on unauthorized insurer; alternative method.
Status: in_force

Service of process in any action, suit, or proceeding involving an unauthorized insurer is, in addition to the manners provided in SECTION 15-9-280 and SECTION 15-9-285, valid if served upon any person within this State who, in this State on behalf of the insurer, is: (1) soliciting insurance, (2) making any contract of insurance or issuing or delivering any policies or written contracts of insurance, or (3) collecting or receiving any premium for any such insurer, or adjusting any loss or claim for such insurance, and if counsel, within ten days after service upon such person, causes to be sent by registered mail to the last known address of the insurer a copy of the process with proper postage affixed to the envelope containing it and files an affidavit with the clerk of court or magistrate in whose court the cause is pending, of compliance herewith, with leave to the court to extend the time for the mailing of process and filing of affidavit.
S.C. Code Ann. § 15-35-610 — SC Code / Title 15 / Chapter 35 / Article 7 / Section 15-35-610
SECTION 15-35-610. Payment by surety shall not discharge judgment against principal.
Status: in_force

The payment by a surety of a debt secured by judgment or decree shall not operate as a satisfaction of such judgment or decree against the principal debtor, but by such payment the surety shall be entitled to all the rights and privileges of the plaintiff in such judgment or decree.
S.C. Code Ann. § 15-53-50 — SC Code / Title 15 / Chapter 53 / Section 15-53-50
SECTION 15-53-50. Rights under trust or estate of decedent, infant, lunatic or insolvent.
Status: in_force

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust or of the estate of a decedent, infant, lunatic or insolvent may have a declaration of rights or legal relations in respect thereto: (1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; (2) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
S.C. Code Ann. § 15-61-10 — SC Code / Title 15 / Chapter 61 / Article 1 / Section 15-61-10
SECTION 15-61-10. Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property.
Status: in_force

(A) All joint tenants and tenants in common who hold, jointly or in common, for a term of life or years or of whom one has an estate for a term of life or years with the other that has an estate of inheritance or freehold in any lands, tenements or hereditaments shall be compellable to make severance and partition of all such lands, tenements and hereditaments. (B) In an action to partition real property, upon motion of a party or from statements contained in the pleadings, a court shall determine, in a preliminary hearing held after the filing of the action, whether the property is heirs' property. If the court determines that the property is heirs' property, the property must be partitioned under Article 3, Chapter 61, Title 15, unless all of the cotenants otherwise agree in a record. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date." Effect of Amendment 2016 Act No. 153, SECTION 3, added paragraph identifier (A), and added (B), relating to heirs' property.
S.C. Code Ann. § 15-79-120 — SC Code / Title 15 / Chapter 79 / Section 15-79-120
SECTION 15-79-120. Mediation and arbitration.
Status: in_force

At any time before a medical malpractice action is brought to trial, the parties shall participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules in effect at the time for the State or any portion of the State. Parties may also agree to participate in binding arbitration, nonbinding arbitration, early neutral evaluation, or other forms of alternative dispute resolution. Effect of Amendment The 2006 amendment in the second sentence added "nonbinding arbitration, early neutral evaluation, or other forms of alternative dispute resolution".
S.C. Code Ann. § 15-7-60 — SC Code / Title 15 / Chapter 7 / Section 15-7-60
SECTION 15-7-60. Suits for penalty on freight claims.
Status: in_force

Any action to recover a penalty against any common carrier for loss, delay or damage to freight may be brought before any court of competent jurisdiction in any county in this State in which the cause of action for the damage in such case may be brought.
S.C. Code Ann. § 15-32-520 — SC Code / Title 15 / Chapter 32 / Article 5 / Section 15-32-520
SECTION 15-32-520. Bifurcated trials; clear and convincing evidence standard; factors for liability determination; review of jury determination; multiple defendants.
Status: in_force

(A) All actions tried before a jury involving punitive damages, if requested by any defendant against whom punitive damages are sought, must be conducted in a bifurcated manner before the same jury. (B) In the first stage of a bifurcated trial, the jury shall determine liability for compensatory damages and the amount of compensatory or nominal damages. Evidence relevant only to the issues of punitive damages is not admissible at this stage. (C) Punitive damages may be considered if compensatory or nominal damages have been awarded in the first stage of the trial. (D) Punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant's wilful, wanton, or reckless conduct. (E) In the second stage of a bifurcated trial, the jury shall determine if a defendant is liable for punitive damages and, if determined to be liable, the amount of punitive damages. In determining the amount of punitive damages, the jury may consider all relevant evidence, including, but not limited to: (1) the defendant's degree of culpability; (2) the severity of the harm caused by the defendant; (3) the extent to which the plaintiff's own conduct contributed to the harm; (4) the duration of the conduct, the defendant's awareness, and any concealment by the defendant; (5) the existence of similar past conduct; (6) the profitability of the conduct to the defendant; (7) the defendant's ability to pay; (8) the likelihood the award will deter the defendant or others from like conduct; (9) the awards of punitive damages against the defendant in any state or federal court action alleging harm from the same act or course of conduct complained of by the plaintiff; (10) any criminal penalties imposed on the defendant as a result of the same act or course of conduct complained of by the plaintiff; and (11) the amount of any civil fines assessed against the defendant as a result of the same act or course of conduct complained of by the plaintiff. (F) If punitive damages are awarded, the trial court shall review the jury's decision, considering all relevant evidence, including the factors identified in subsection (E), to ensure that the award is not excessive or the result of passion or prejudice. (G) In an action with multiple defendants, a punitive damages award must be specific to each defendant, and each defendant is liable only for the amount of the award made against that defendant. Editor's Note 2011 Act No. 52, SECTION 7, provides as follows: "SECTION 7. This act takes effect January 1, 2012, and applies to all actions that accrue on or after the effective date except the provisions of SECTION 3 do not apply to any matter pending on the effective date of this act."
S.C. Code Ann. § 15-5-140 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-140
SECTION 15-5-140. Representative of deceased nonresident motor vehicle operator; substitution of other representative.
Status: in_force

The foreign personal representative of any such deceased wrongdoer or any other person interested in defending such action may within sixty days after service as provided in SECTION 15-9-370 apply to the court in which such action may be pending for an order staying such action for a reasonable period of not exceeding sixty days and during such time may apply to the probate court and procure the appointment of some other suitable person to act as personal representative of such deceased person. Upon such appointment such personal representative shall be forthwith made a party defendant on motion of plaintiff without further service of process. If no such application for a stay be made the personal representative so originally appointed shall answer such process within sixty days from the date of such service upon him or be adjudged in default.
S.C. Code Ann. § 15-81-110 — SC Code / Title 15 / Chapter 81 / Section 15-81-110
SECTION 15-81-110. Citation of act.
Status: in_force

This act may be cited as the "Successor Asbestos-Related Liability Fairness Act".
S.C. Code Ann. § 15-69-140 — SC Code / Title 15 / Chapter 69 / Section 15-69-140
SECTION 15-69-140. When defendant shall be entitled to redelivery; undertaking.
Status: in_force

At any time before the delivery of the property to the plaintiff the defendant may require the return thereof upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, including damages suffered on account of depreciation in value of the property pending the determination of the action, be recovered against the defendant. If a return of the property be not required by the defendant as herein and under the circumstances in SECTION 15-69-130 provided and within the time therein provided, it shall be delivered to the plaintiff, except as provided in SECTION 15-69-200.
S.C. Code Ann. § 15-69-10 — SC Code / Title 15 / Chapter 69 / Section 15-69-10
SECTION 15-69-10. Time when immediate delivery may be claimed.
Status: in_force

The plaintiff, in an action to recover the possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property, as provided in this chapter.
S.C. Code Ann. § 15-53-130 — SC Code / Title 15 / Chapter 53 / Section 15-53-130
SECTION 15-53-130. Chapter shall be construed liberally.
Status: in_force

This chapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations. It is to be liberally construed and administered.
S.C. Code Ann. § 15-17-710 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-710
SECTION 15-17-710. Vacating order of arrest or reducing bail.
Status: in_force

A defendant arrested may at any time before judgment apply on motion to vacate the order of arrest or to reduce the amount of bail.
S.C. Code Ann. § 15-74-10 — SC Code / Title 15 / Chapter 74 / Section 15-74-10
SECTION 15-74-10. Definitions.
Status: in_force

For the purposes of this chapter, "distressed food" means canned or packaged foods and prepared foods which are foods prepared by restaurants and other establishments and donors in excess amounts which do not affect the edibility of the food or other considerations and perishable foods which are not readily marketable due to appearance, freshness, grade surplus, dented or damaged containers which do not affect the edibility of the food or other considerations. "Prepared and perishable food" means food that may spoil or become unfit for human consumption because of its nature, type, or physical condition, and includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods that have been packaged, refrigerated, or frozen. Perishable food also includes any consumable agricultural products remaining after commercial harvesting which the donor allows to be removed from his land. "Food bank and prepared and perishable food program" means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit or charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.
S.C. Code Ann. § 15-77-10 — SC Code / Title 15 / Chapter 77 / Article 1 / Section 15-77-10
SECTION 15-77-10. Persons appointed by United States may prosecute in its behalf.
Status: in_force

Every person authorized and appointed by the United States for the purpose, in its name and in its behalf, may commence and prosecute to final decree, judgment and execution any action for the recovery from individuals of debts due and effects belonging to the United States. Every such action shall be conducted in the same manner and subject to the same rules and regulations as when commenced by one citizen of this State against another citizen thereof, and the defendant shall be allowed the same privileges and advantages as he would be entitled to if sued by a citizen of this State.
S.C. Code Ann. § 15-65-20 — SC Code / Title 15 / Chapter 65 / Section 15-65-20
SECTION 15-65-20. Notice of appointment shall be given.
Status: in_force

No receiver of the property of any person or corporation shall be appointed by any court or judge, either in term time or at chambers, without notice of the application for such appointment to the party to the action whose property is sought to be put in the hands of a receiver and to any party to the action in possession of such property claiming an interest therein under any contract, lease or conveyance thereof from the alleged owner. At least four days' notice of the application must be given, unless the court shall, upon it being made to appear that delay would work injustice, prescribe a shorter time.
S.C. Code Ann. § 15-33-135 — SC Code / Title 15 / Chapter 33 / Section 15-33-135
SECTION 15-33-135. Punitive damages: burden of proof.
Status: in_force

In any civil action where punitive damages are claimed, the plaintiff has the burden of proving such damages by clear and convincing evidence.
S.C. Code Ann. § 15-38-60 — SC Code / Title 15 / Chapter 38 / Section 15-38-60
SECTION 15-38-60. Construction of chapter.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those that enact it.
S.C. Code Ann. § 15-78-200 — SC Code / Title 15 / Chapter 78 / Section 15-78-200
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.
Status: in_force

Notwithstanding any provision of law, this chapter, the "South Carolina Tort Claims Act", is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of the employee's official duty. The provisions of this chapter establish limitations on and exemptions to the liability of the governmental entity and must be liberally construed in favor of limiting the liability of the governmental entity. Editor's Note 1997 Act No. 155, Part II, SECTION 55A provides as follows: "SECTION 55A. The General Assembly finds: "(1) that because of the unique nature, role, funding, and function of government, the General Assembly has never intended that the government or taxpayers would be subject to unlimited liability for tort actions against the government; "(2) this section shall clarify any ambiguity in the General Assembly's intent that there remain reasonable limits upon recovery against the government for tort actions, and that the government is only liable for torts as expressly prescribed and authorized in the 'South Carolina Tort Claims Act'".
S.C. Code Ann. § 15-39-790 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-790
SECTION 15-39-790. Sale by debtor of property subject to levy and sale; confirmation of sale and deed.
Status: in_force

If no objection as to the price at which the property may have been sold by the judgment debtors shall be made in writing by either of the judgment creditors and filed with the sheriff within three months from and after the time such payment shall have been made, the sale shall thereupon be considered confirmed, and the sheriff shall make the following endorsement on the back of the deed of conveyance, viz.: "No objection having been filed in my office to the within bargain and sale within the time prescribed by law this bargain and sale is therefore confirmed." Such endorsement shall be dated and signed officially by the sheriff.
S.C. Code Ann. § 15-32-200 — SC Code / Title 15 / Chapter 32 / Article 3 / Section 15-32-200
SECTION 15-32-200. Citation of article.
Status: in_force

This article may be cited as the "South Carolina Noneconomic Damage Awards Act of 2005".
S.C. Code Ann. § 15-19-250 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-250
SECTION 15-19-250. Effecting execution on property incapable of manual delivery.
Status: in_force

The execution of the attachment upon any rights or shares or any debts or other property incapable of manual delivery to the sheriff or constable shall be made by leaving a certified copy of the warrant of attachment with the president or other head of the association or corporation or the secretary, cashier or managing agent thereof or with the debtor or individual holding such property, with a notice showing the property levied on.
S.C. Code Ann. § 15-49-10 — SC Code / Title 15 / Chapter 49 / Section 15-49-10
SECTION 15-49-10. Application for change of name.
Status: in_force

(A) A person who has been a resident of the State of South Carolina for at least six months and who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known. (B) A parent who desires to change the name of his minor child may petition, in writing, a family court judge in the appropriate circuit. The other parent, if there is not one then the child, must be named as a party in the action unless waived by the court. The court shall appoint a guardian ad litem to represent the child. The court shall grant the petition if it finds that it is in the best interest of the child. Effect of Amendment 2022 Act No. 183, SECTION 1, in (A), inserted "has been a resident of the State of South Carolina for at least six months and who" following "A person who".
S.C. Code Ann. § 15-50-140 — SC Code / Title 15 / Chapter 50 / Section 15-50-140
SECTION 15-50-140. Notice of modification or cancellation of bond.
Status: in_force

(A) Neither the bonded structured settlement purchase company nor the surety shall cancel or modify the bond during the term for which it is issued, except with written notice to the Secretary at least twenty days prior to the effective date of such cancellation or modification. (B) In the event of a cancellation of the bond, the registration of the structured settlement purchase company automatically expires unless a new surety bond, or cash bond, which complies with this chapter, is filed with the Secretary. The cancellation or modification of a bond does not affect any liability of the bonded surety company incurred before the cancellation or modification of the bond. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
S.C. Code Ann. § 15-48-180 — SC Code / Title 15 / Chapter 48 / Section 15-48-180
SECTION 15-48-180. Court; jurisdiction; questions of law and fact.
Status: in_force

The term "court" means any court of competent jurisdiction of this State. The making of an agreement described in SECTION 15-48-10 providing for arbitration in this State confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award thereunder. Unless otherwise provided by the arbitration agreement, when a dispute is submitted to arbitration, the arbitrators shall determine questions of both law and fact.
S.C. Code Ann. § 15-17-50 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-50
SECTION 15-17-50. Affidavit to obtain order for arrest.
Status: in_force

The order may be made when it shall appear to the proper officer by the affidavit of the plaintiff or of any other person that a sufficient cause of action exists and that the case, from the facts stated, is one of those mentioned in SECTION 15-17-20.
S.C. Code Ann. § 15-17-740 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-740
SECTION 15-17-740. Bail may authorize arrest of defendant.
Status: in_force

For the purpose of surrendering the defendant the bail, at any time or place before they are finally charged, may themselves arrest him or by a written authority endorsed on a certified copy of the undertaking may empower any person of suitable age and discretion to do so.
S.C. Code Ann. § 15-77-40 — SC Code / Title 15 / Chapter 77 / Article 1 / Section 15-77-40
SECTION 15-77-40. Action for forfeiture of property to State.
Status: in_force

Whenever by the provisions of law any property, real or personal, shall be forfeited to the State or to any officer for its use an action for the recovery of such property, alleging the ground of the forfeiture, may be brought by the proper officer in the circuit court.
S.C. Code Ann. § 15-39-820 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-820
SECTION 15-39-820. Sale by debtor of property subject to levy and sale; proceedings when sale by sheriff brings more.
Status: in_force

In the event that the property, when so exposed for sale by the sheriff as provided for in SECTION 15-39-800, should bring more than the amount of the indebtedness cancelled by the proceeds of the sale made by the debtor the purchaser from the debtor shall be refunded the amount paid by him with interest from the time of payment, and the bargain and sale made by the debtor rescinded, and titles executed by the sheriff to the purchaser at his sale. After deducting the costs and expenses by reason of the levy and sale the remainder shall be applied, according to law, towards satisfaction of the judgments or executions in his office.
S.C. Code Ann. § 15-3-140 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-140
SECTION 15-3-140. Contract provision shortening statutory period.
Status: in_force

No clause, provision or agreement in any contract of whatsoever nature, verbal or written, whereby it is agreed that either party shall be barred from bringing suit upon any cause of action arising out of the contract if not brought within a period less than the time prescribed by the statute of limitations, for similar causes of action, shall bar such action, but the action may be brought notwithstanding such clause, provision or agreement if brought within the time prescribed by the statute of limitations in reference to like causes of action.
S.C. Code Ann. § 15-9-750 — SC Code / Title 15 / Chapter 9 / Article 5 / Section 15-9-750
SECTION 15-9-750. Effect of personal service out of State.
Status: in_force

Personal service of the summons out of State shall be equivalent to publication and deposit in the post office, and when such service is had no affidavit, as provided for in SECTION 15-9-710, order for publication or deposit in the post office shall be necessary. Such personal service so made shall be complete and final on the day of the date of the personal service of the summons as fully as if such personal service had been made under the provisions of statutes providing personal service within the State.
S.C. Code Ann. § 15-29-20 — SC Code / Title 15 / Chapter 29 / Section 15-29-20
SECTION 15-29-20. Publication in four successive weeks as equivalent of publication for one month or thirty days.
Status: in_force

When publication for one month or thirty days is required the publication in four successive weeks shall be sufficient if at least twenty-nine days shall have expired after the first publication thereof on or before the date fixed for the doing of the thing of which notice is given.
S.C. Code Ann. § 15-48-110 — SC Code / Title 15 / Chapter 48 / Section 15-48-110
SECTION 15-48-110. Fees and expenses of arbitration.
Status: in_force

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
S.C. Code Ann. § 15-47-130 — SC Code / Title 15 / Chapter 47 / Section 15-47-130
SECTION 15-47-130. Service of subpoena.
Status: in_force

A subpoena issued by a clerk of court under Section 15-47-120 must be served in compliance with the applicable rules of court or statutes relating to the service of a subpoena in this State. Editor's Note 2010 Act No. 132, SECTION 2, provides: "This act takes effect upon approval by the Governor and applies to requests for discovery in cases pending on that date."
S.C. Code Ann. § 15-19-220 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-220
SECTION 15-19-220. Property which is subject to attachment.
Status: in_force

The rights or shares which any defendant may have in any vessel or in the stock of any association or corporation, together with the interest and profits thereon, and all other property of such defendant in this State, except that exempt from attachment by the Constitution, shall be liable to be attached and levied upon and sold to satisfy the judgment and execution.
S.C. Code Ann. § 15-75-20 — SC Code / Title 15 / Chapter 75 / Section 15-75-20
SECTION 15-75-20. Loss of companionship of spouse.
Status: in_force

Any person may maintain an action for damages arising from an intentional or tortious violation of the right to the companionship, aid, society and services of his or her spouse. Provided, that such action shall not include any damages recovered prior thereto by the injured spouse. This section shall not be retroactive but shall be effective only on cause of action arising after June 25, 1969.
S.C. Code Ann. § 15-9-720 — SC Code / Title 15 / Chapter 9 / Article 5 / Section 15-9-720
SECTION 15-9-720. Service on unknown parties by publication for certain real property actions.
Status: in_force

(A) For the purposes of this section, "court" means a court, judge, clerk of court, master-in-equity, special referee, or judge of probate of competent jurisdiction in the county where the action is pending. (B)(1) A court shall grant an order allowing a party with an interest in or lien on a parcel of real property subject to a partition action, mortgage foreclosure action, or other action affecting the property's title to serve by publication any unknown party to the action and who has an interest in or lien on the real property, any such legal notice as will accomplish the underlying purposes set forth in this section, if the: (a) residence of the unknown party cannot, with a reasonably diligent effort, be ascertained by the plaintiff; and (b) plaintiff presents an affidavit to the court stating he has been unable to ascertain the residence of the unknown party after making a reasonably diligent effort. (2) A court order allowing a party to serve an unknown party by publication must require the party serving by publication to publish the service once a week for three weeks in a newspaper of general circulation in the county where the property is situated. Service by publication under this section is equal to personal service on the unknown party. (C) A party may accomplish service by publication pursuant to this section for multiple units in a single horizontal property regime by consolidating the services into a single service that identifies each apartment included in the action based on the apartment's description in the master deed. This consolidated service must comply with the other requirements of this section and other applicable statutes, including the requirement that publication must take place once a week for three weeks in a newspaper of general circulation in the county where the property is situated. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 15-50-100 — SC Code / Title 15 / Chapter 50 / Section 15-50-100
SECTION 15-50-100. Registration valid for one year.
Status: in_force

A person may apply with the Secretary for registration to do business in this State as a structured settlement purchase company. An application for an initial or renewed registration must be submitted on a form prescribed by the Secretary. An initial or renewed registration is valid for one year from the date it is issued and shall expire one year after the date it was issued. The registration may be renewed annually by the registrant on or before the expiration date. If a structured settlement purchase company fails to file with the Secretary a renewal application on or before the expiration date, then it will be required to file another initial application with the Secretary and pay the application fee for an initial application pursuant to this chapter. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
S.C. Code Ann. § 15-3-535 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-535
SECTION 15-3-535. Limitation on actions commenced under Section 15-3-530(5).
Status: in_force

Except as to actions initiated under Section 15-3-545, all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action. Editor's Note The limitations period was reduced from 6 to 3 years in 1988.
S.C. Code Ann. § 15-63-60 — SC Code / Title 15 / Chapter 63 / Section 15-63-60
SECTION 15-63-60. Action against usurpers, for forfeiture of office or against persons acting as corporation.
Status: in_force

An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases: (1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State; (2) When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office; or (3) When any association or number of persons shall act within this State as a corporation without being duly incorporated.
S.C. Code Ann. § 15-36-100 — SC Code / Title 15 / Chapter 36 / Section 15-36-100
SECTION 15-36-100. Complaint in actions for damages alleging professional negligence; contemporaneous affidavit of expert specifying negligent act or omission.
Status: in_force

(A) As used in this section, "expert witness" means an expert who is qualified as to the acceptable conduct of the professional whose conduct is at issue and who: (1) is licensed by an appropriate regulatory agency to practice his or her profession in the location in which the expert practices or teaches; and (2)(a) is board certified by a national or international association or academy which administers written and oral examinations for certification in the area of practice or specialty about which the opinion on the standard of care is offered; or (b) has actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in: (i) the active practice of the area of specialty of his or her profession for at least three of the last five years immediately preceding the opinion; (ii) the teaching of the area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which is accredited in the teaching of his or her profession for at least three of the last five years immediately preceding the opinion; or (iii) any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of subitems (i) and (ii) for at least three of the last five years immediately preceding the opinion; (3) is an individual not covered by subsections (A)(1) or (2), that has scientific, technical, or other specialized knowledge which may assist the trier of fact in understanding the evidence and determining a fact or issue in the case, by reason of the individual's study, experience, or both. However, an affidavit filed pursuant to subsection (B) by an expert qualified under this subsection must contain an explanation of the expert's credentials and why the expert is qualified to conduct the review required by subsection (B). The defendant is entitled to challenge the sufficiency of the expert's credentials pursuant to subsection (E). (B) Except as provided in Section 15-79-125, in an action for damages alleging professional negligence against a professional licensed by or registered with the State of South Carolina and listed in subsection (G) or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of South Carolina and listed in subsection (G), the plaintiff must file as part of the complaint an affidavit of an expert witness which must specify at least one negligent act or omission claimed to exist and the factual basis for each claim based on the available evidence at the time of the filing of the affidavit. (C)(1) The contemporaneous filing requirement of subsection (B) does not apply to any case in which the period of limitation will expire, or there is a good faith basis to believe it will expire on a claim stated in the complaint, within ten days of the date of filing and, because of the time constraints, the plaintiff alleges that an affidavit of an expert could not be prepared. In such a case, the plaintiff has forty-five days after the filing of the complaint to supplement the pleadings with the affidavit. Upon motion, the trial court, after hearing and for good cause, may extend the time as the court determines justice requires. If an affidavit is not filed within the period specified in this subsection or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. The filing of a motion to dismiss pursuant to this section, shall alter the period for filing an answer to the complaint in accordance with Rule 12(a), South Carolina Rules of Civil Procedure. (2) The contemporaneous filing requirement of subsection (B) is not required to support a pleaded specification of negligence involving subject matter that lies within the ambit of common knowledge and experience, so that no special learning is needed to evaluate the conduct of the defendant. (D) This section does not extend an applicable period of limitation, except that, if the affidavit is filed within the period specified in this section, the filing of the affidavit after the expiration of the statute of limitations is considered timely and provides no basis for a statute of limitations defense. (E) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that the affidavit is defective, the plaintiff's complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment within thirty days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing an amendment or response to the motion, or both, as the trial court determines justice requires. The filing of a motion to dismiss pursuant to this section shall alter the period for filing an answer to the complaint in accordance with Rule 12(a), South Carolina Rules of Civil Procedure. (F) If a plaintiff fails to file an affidavit as required by this section, and the defendant raises the failure to file an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, the complaint is not subject to renewal after the expiration of the applicable period of limitation unless a court determines that the plaintiff had the requisite affidavit within the time required pursuant to this section and the failure to file the affidavit is the result of a mistake. The filing of a motion to dismiss pursuant to this section shall alter the period for filing an answer to the complaint in accordance with Rule 12(a), South Carolina Rules of Civil Procedure. (G) This section applies to the following professions: (1) architects; (2) attorneys at law; (3) certified public accountants; (4) chiropractors; (5) dentists; (6) land surveyors; (7) medical doctors; (8) marriage and family therapists; (9) nurses; (10) occupational therapists; (11) optometrists; (12) osteopathic physicians; (13) pharmacists; (14) physical therapists; (15) physicians' assistants; (16) professional counselors; (17) professional engineers; (18) podiatrists; (19) psychologists; (20) radiological technicians; (21) respiratory therapists; and (22) veterinarians.
S.C. Code Ann. § 15-5-130 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-130
SECTION 15-5-130. Representative of deceased nonresident motor vehicle operator.
Status: in_force

In the event a nonresident who shall have operated a motor vehicle on the public highways or streets of any incorporated municipality of this State causing injuries or death shall have died, any person who may have an interest therein may apply to the probate court of the county of residence of such party so interested or of the county in which such wrong may have been inflicted for the appointment of a personal representative of such deceased wrongdoer and, upon such appointment, action may be commenced against such personal representative of such nonresident deceased and service of such process shall be made upon such personal representative and a copy of such process mailed to the address of such deceased person as provided in SECTION 15-9-370.
S.C. Code Ann. § 15-19-70 — SC Code / Title 15 / Chapter 19 / Article 1 / Section 15-19-70
SECTION 15-19-70. Filing of affidavit and serving copies thereof.
Status: in_force

The plaintiff procuring such warrant at the time of the issuing thereof shall cause the affidavit on which it was granted to be filed in the office of the clerk of the court of common pleas or with the magistrate in which or before whom the action is to be tried, within forty-eight hours after the issuance of the attachment. He shall also cause copies thereof to be served on the defendant with the summons, if he can be found within the county.
S.C. Code Ann. § 15-17-470 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-470
SECTION 15-17-470. Prisoner shall be remanded for refusal to assign.
Status: in_force

In case any such debtor shall neglect or refuse within a reasonable time to comply with his oath as set out in SECTION 15-17-440 and the provisions of SECTIONS 15-17-450 and 15-17-460 the judge of the court, upon application upon oath of the assignee or assignees, may again remand the debtor to prison, unless good cause shall be shown by him to the contrary, until he shall fully comply with the terms of his oath and those sections.
S.C. Code Ann. § 15-69-50 — SC Code / Title 15 / Chapter 69 / Section 15-69-50
SECTION 15-69-50. Sheriff shall serve affidavit and notice; required security; sheriff shall be directed to take property.
Status: in_force

Upon the receipt of the affidavit and notice, with a written undertaking executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if the return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, including damages suffered on account of depreciation in value of the property pending the determination of the action, the sheriff shall forthwith serve the same upon defendant. If the defendant (1) fails to demand a preseizure hearing within five days of service, or (2) after such hearing the judge shall find that plaintiff's claim for immediate possession should be allowed, or (3) the clerk of court or judge finds that a preseizure hearing has been previously waived in writing as provided in this chapter, or (4) the clerk of court or judge finds, as provided in this chapter, that there is a probability that the subject property is in immediate danger of being destroyed or concealed by the possessor of such property, then the clerk of court or judge shall endorse upon the affidavit for possession a direction to the sheriff requiring him to take the property described therein from the defendant and keep it, to be disposed of according to law. In case the plaintiff does not execute the required undertaking, the party having possession of the property shall retain it until the determination of the suit, and no endorsement allowing immediate possession shall be made on the affidavit until the appropriate undertaking is executed.
S.C. Code Ann. § 15-48-160 — SC Code / Title 15 / Chapter 48 / Section 15-48-160
SECTION 15-48-160. Judgment roll; docketing.
Status: in_force

(a) On entry of judgment or decree, the clerk of court shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extension of the time within which to make the award; (2) The award; (3) A copy of the order confirming, modifying or correcting the award; and (4) A copy of the judgment or decree. (b) The judgment or decree may be docketed as if rendered in an action.
S.C. Code Ann. § 15-19-270 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-270
SECTION 15-19-270. Duties of officer upon seizure of property.
Status: in_force

The sheriff or constable shall, immediately on making seizure under the provisions of SECTION 15-19-230, with the assistance of two disinterested freeholders, make a just and true inventory of all the property so seized and of the books, vouchers and papers taken into custody, stating therein the estimated value of the several articles of personal property and enumerating such of them as are perishable. Such inventory, after being signed by the sheriff or constable and appraisers, shall within ten days after such seizure be returned to the officer who issued the warrant, and the sheriff or constable shall, under the direction of such officer, collect, receive and take into his possession all debts, credits and effects of such debtor and commence such suits and take such legal proceedings, either in his own name or in the name of such debtor, as may be necessary for that purpose and prosecute and discontinue such suits and proceedings at such times and on such terms as the court may direct. The property so seized or the proceeds of such as shall have been sold and debts collected shall be kept to answer any judgment which may be obtained in such action.
S.C. Code Ann. § 15-41-10 — SC Code / Title 15 / Chapter 41 / Article 1 / Section 15-41-10
SECTION 15-41-10. Minimum bid when selling property subject to exemption.
Status: in_force

When selling property in which a debtor has an exemption as provided in Section 15-41-30, the sheriff or other officer conducting the sale, in the advertisement of the sale, also shall state that the minimum bid for the property must be in the amount of the exemption and no bid less than the amount of exemption may be accepted.
S.C. Code Ann. § 15-1-40 — SC Code / Title 15 / Chapter 1 / Section 15-1-40
SECTION 15-1-40. "Personal property" defined.
Status: in_force

The words "personal property," as used in this Title, include money, goods, chattels, things in action and evidences of debt.
S.C. Code Ann. § 15-47-100 — SC Code / Title 15 / Chapter 47 / Section 15-47-100
SECTION 15-47-100. Short title.
Status: in_force

This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act". Editor's Note 2010 Act No. 132, SECTION 2, provides: "This act takes effect upon approval by the Governor and applies to requests for discovery in cases pending on that date."
S.C. Code Ann. § 15-78-140 — SC Code / Title 15 / Chapter 78 / Section 15-78-140
SECTION 15-78-140. Procurement of insurance by political subdivisions; exclusivity of remedies provided in this chapter.
Status: in_force

(A) The political subdivisions of this State, in regard to tort and automobile liability, property, and casualty insurance shall procure insurance to cover these risks for which immunity has been waived by: (1) the purchase of liability insurance pursuant to Section 1-11-140; or (2) the purchase of liability insurance from a private carrier; or (3) self-insurance; or (4) establishing pooled self-insurance liability funds, by intergovernmental agreement, which may not be construed as transacting the business of insurance or otherwise subject to state laws regulating insurance. A pooled self-insurance liability pool is authorized to purchase specific and aggregate excess insurance. A pooled self-insurance liability fund must provide liability coverage for all employees of a political subdivision applying for participation in the fund. If the insurance is obtained other than pursuant to Section 1-11-140, it must be obtained subject to the following conditions: (1) if the political subdivision does not procure tort liability insurance pursuant to Section 1-11-140, it also must procure its automobile liability and property and casualty insurance from other sources and shall not procure these coverages through the Insurance Reserve Fund; (2) if a political subdivision procures its tort liability insurance, automobile liability insurance, or property and casualty insurance through the Insurance Reserve Fund, all liability exposures of the political subdivision as well as its property and casualty insurance must be insured with the Insurance Reserve Fund; (3) if the political subdivision, at any time, procures its tort liability, automobile liability, property, or casualty insurance other than through the Insurance Reserve Fund and then subsequently desires to obtain this coverage with the Insurance Reserve Fund, notice of its intention to so obtain this subsequent coverage must be provided to the Insurance Reserve Fund at least ninety days prior to the beginning of the coverage with the Insurance Reserve Fund. The other lines of insurance that the political subdivision is required to procure from the fund are not required to commence until the coverage for that line of insurance expires. Any political subdivision may cancel all lines of insurance with the Insurance Reserve Fund if it gives ninety days' notice to the fund. The Insurance Reserve Fund may negotiate the insurance coverage for any political subdivision separate from the insurance coverage for other insureds; (4) if any political subdivision cancels its insurance with the Insurance Reserve Fund, it is entitled to an appropriate refund of the premium, less reasonable administrative cost. (B) For any claim filed under this chapter, the remedy provided in Section 15-78-120 is exclusive. The immunity of the State and its political subdivisions, with regard to the seizure, execution, or encumbrance of their properties is reaffirmed. Editor's Note 2014 Act No. 121, SECTION 19.A, provides as follows: "SECTION 19.A. (1) The Insurance Reserve Fund is transferred to the State Fiscal Accountability Authority on July 1, 2015, as a division of the authority. "(2) The Insurance Reserve Fund, transferred to the authority, shall administer and perform all administrative and operational functions of the Office of Insurance Services, including the Insurance Reserve Fund, except that the Attorney General of this State must continue to approve the attorneys-at-law retained to represent the clients of the Insurance Reserve Fund in the manner provided by law." Effect of Amendment 2014 Act No. 121, SECTION 19.C, substituted "Insurance Reserve Fund" for "Budget and Control Board" throughout, and made other nonsubstantive changes.
S.C. Code Ann. § 15-48-170 — SC Code / Title 15 / Chapter 48 / Section 15-48-170
SECTION 15-48-170. Applications to court.
Status: in_force

Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
S.C. Code Ann. § 15-67-410 — SC Code / Title 15 / Chapter 67 / Article 5 / Section 15-67-410
SECTION 15-67-410. Action may be had against person wrongfully disseizing.
Status: in_force

If any person be put out or disseized of any lands or tenements in forcible manner or put out peaceably and be afterwards holden out with strong hand, or, after such entry, any feoffment or discontinuance in any wise thereof be made to defraud and take away the right of the possessor, the party grieved in this behalf shall have an action against such disseizor.
S.C. Code Ann. § 15-78-100 — SC Code / Title 15 / Chapter 78 / Section 15-78-100
SECTION 15-78-100. When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants.
Status: in_force

(a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered. (b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred. (c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined.
S.C. Code Ann. § 15-5-170 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-170
SECTION 15-5-170. Action by and against married woman.
Status: in_force

A married woman may sue and be sued as if she were unmarried. When the action is between herself and her husband she may likewise sue or be sued alone.
S.C. Code Ann. § 15-50-40 — SC Code / Title 15 / Chapter 50 / Section 15-50-40
SECTION 15-50-40. Direct or indirect transfer of payment rights; approval by final court order.
Status: in_force

(A) A direct or indirect transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer is not required to make a payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that the: (1) transfer is in the best interest of the payee; (2) payee has been advised in writing by the transferee to seek independent professional advice regarding the legal, tax, and financial implications of the transfer and has knowingly and in writing waived receipt of that advice; and (3) transfer does not contravene an applicable statute or the order of any court or other government authority. (B) In determining whether a proposed transfer is in the best interest of the payee pursuant to subsection (A)(1), the courts must take into consideration the welfare and support of the payee and the payee's dependents, if any. The court must also consider: (1) the reasonable preference of the payee, in light of the payee's age, mental capacity, maturity level, understanding of the terms of the agreement, and stated purpose for the transfer; (2) if the periodic payments were intended to cover future income or losses or future medical expenses, whether the payee has means of support aside from the structured settlement to meet these obligations; (3) whether the payee can meet the financial needs of, and obligations to, the payee's dependents if the transfer is allowed to proceed, including child support and spousal maintenance; (4) whether the payee completed previous transactions involving the payee's structured settlement payment rights, and the timing, amount, stated purpose, and actual use of the proceeds; (5) the impact of the proposed transfer on current or future eligibility of the payee or the payee's dependents for public benefits; and (6) any other factors or facts the court determines to be relevant. (C) No direct or indirect transfer of a payee's structured settlement payment rights by a payee's conservator, if a conservator has been appointed, shall be effective and no structured settlement obligor or annuity issuer shall be required to make a payment directly or indirectly to a transferee or assignee of structured settlement payment rights unless, in addition to the findings required under this section, the court also finds that the proceeds of the proposed transfer would be applied solely for the benefit of the payee. (D) No direct or indirect transfer of a minor's structured settlement payment rights by a parent, conservator, or guardian shall be effective and no structured settlement obligor or annuity issuer shall be required to make a payment directly or indirectly to a transferee or assignee of structured settlement payment rights unless, in addition to the findings required under this section, the court also finds that: (1) the proceeds of the proposed transfer would be applied solely for support, care, education, health, and welfare of the minor payee; and (2) any excess proceeds would be preserved for the future support, care, education, health, and welfare of the minor payee and transferred to the minor payee upon emancipation. (E) The final court order must expressly state that the best interest factors enumerated in subsection (B) have been considered, and if the court approves the transfer of payment rights, the order must state that the court finds that it is in the best interest of the payee to approve the transfer. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date." Effect of Amendment 2023 Act No. 22, SECTION 4, inserted the (A) designator, and in (1), substituted "interest of the payee" for "interests of the payee, taking into account the welfare and support of the payee's dependents", and in (2), substituted "legal, tax, and financial implications of the transfer and has knowingly and in writing" for "transfer or knowingly and in writing has"; and added (B) to (E).
S.C. Code Ann. § 15-48-100 — SC Code / Title 15 / Chapter 48 / Section 15-48-100
SECTION 15-48-100. Change of award by arbitrators.
Status: in_force

On application of a party or, if an application to the court is pending under SECTIONS 15-48-120, 15-48-130, 15-48-140, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (1) and (3) of subdivision (a) of SECTION 15-48-140, or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of SECTIONS 15-48-120, 15-48-130 and 15-48-140.
S.C. Code Ann. § 15-48-190 — SC Code / Title 15 / Chapter 48 / Section 15-48-190
SECTION 15-48-190. Venue.
Status: in_force

An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this State, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
S.C. Code Ann. § 15-17-770 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-770
SECTION 15-17-770. Proceeding against the bail.
Status: in_force

In case of failure to comply with the undertaking the bail may be proceeded against by an action only.
S.C. Code Ann. § 15-35-900 — SC Code / Title 15 / Chapter 35 / Article 11 / Section 15-35-900
SECTION 15-35-900. Short title.
Status: in_force

This article may be cited as the Uniform Enforcement of Foreign Judgments Act.
S.C. Code Ann. § 15-29-50 — SC Code / Title 15 / Chapter 29 / Section 15-29-50
SECTION 15-29-50. Publication for one week.
Status: in_force

When it is required that notice be published in a newspaper for one week the first publication of such notice shall precede the date fixed for the doing of the thing at least six days.
S.C. Code Ann. § 15-17-410 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-410
SECTION 15-17-410. Petition for release.
Status: in_force

Any person arrested on mesne or final process in any civil action as provided by this chapter, being unable or unwilling to give the bail therein provided, may petition the court of common pleas of the county wherein he is confined, certifying the causes of his arrest together with an account of his real and personal estate with the dates of the securities wherein any part of it consists and the deeds, notes or vouchers relating thereto and the names of the witnesses to such instruments as far as his knowledge extends therein.
S.C. Code Ann. § 15-69-90 — SC Code / Title 15 / Chapter 69 / Section 15-69-90
SECTION 15-69-90. Order restraining defendant from damaging, concealing or removing property.
Status: in_force

The judge may issue an order which shall be concurrently served on the defendant that restrains the defendant from damaging, concealing or removing the subject property, when immediate possession of such property is not being taken. Upon proper showing that such order has been violated, the defendant shall be subject to a fine not to exceed one thousand dollars or imprisonment for not more than six months, or both.
S.C. Code Ann. § 15-17-730 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-730
SECTION 15-17-730. Surrender of defendant.
Status: in_force

At any time before a failure to comply with the undertaking the bail may surrender the defendant in their exoneration or he may surrender himself to the sheriff of the county in which he was arrested in the following manner: (1) A certified copy of the undertaking of the bail shall be delivered to the sheriff or constable who shall, by a certificate in writing, acknowledge the surrender; and (2) Upon the production of a copy of the undertaking and the sheriff's or constable's certificate a judge or clerk of the court may, upon notice to the plaintiff of eight days with a copy of the certificate, order that the bail be exonerated. And on filing the order and papers used on such application they shall be exonerated accordingly. But this section shall not apply to an arrest for the cause mentioned in item (2) of SECTION 15-17-20, so as to discharge the bail from an undertaking given to the effect provided by SECTION 15-69-140.
S.C. Code Ann. § 15-48-120 — SC Code / Title 15 / Chapter 48 / Section 15-48-120
SECTION 15-48-120. Confirmation of an award.
Status: in_force

Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in SECTIONS 15-48-130 and 15-48-140.
S.C. Code Ann. § 15-39-360 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-360
SECTION 15-39-360. Proceedings against joint debtors.
Status: in_force

The proceedings mentioned in SECTIONS 15-39-310 to 15-39-350 may be taken upon the return of an execution unsatisfied issued upon a judgment recovered in an action against joint debtors, in which some of the defendants have not been served with the summons by which the action was commenced, so far as relates to the joint property of such debtors. All actions by creditors to obtain satisfaction of judgments out of the property of joint debtors are maintainable in like manner and to like effect.
S.C. Code Ann. § 15-3-660 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-660
SECTION 15-3-660. Construction of Sections 15-3-640 through 15-3-670; extension of limitations periods.
Status: in_force

Nothing in SECTIONS 15-3-640 through 15-3-670 may be construed as extending the period, or periods, provided by the laws of South Carolina, except by agreement between the parties for the bringing of any action.
S.C. Code Ann. § 15-41-20 — SC Code / Title 15 / Chapter 41 / Article 1 / Section 15-41-20
SECTION 15-41-20. Exempted amounts collected to be deposited with clerk of court.
Status: in_force

Any exempted amounts collected by the sheriff or other officer pursuant to Section 15-41-30 must be deposited with the clerk of court in the county where the amounts are collected. Any person requesting disbursement of these funds shall petition the court of common pleas.
S.C. Code Ann. § 15-17-240 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-240
SECTION 15-17-240. Substituting bail for deposit.
Status: in_force

If money be deposited, as provided in SECTION 15-1-250, bail may be given and justified upon notice, as prescribed in SECTION 15-17-260, at any time before judgment. Thereupon the judge before whom the justification is had shall direct in the order of allowance that the money deposited be refunded by the sheriff or constable to the defendant, and it shall be refunded accordingly.
S.C. Code Ann. § 15-67-30 — SC Code / Title 15 / Chapter 67 / Article 1 / Section 15-67-30
SECTION 15-67-30. Propriety of service by publication; personal service out of State shall be sufficient.
Status: in_force

When any action is commenced to determine adverse claims, publication of the summons may be made and service upon parties outside of the State and unknown claimants obtained in the following manner. When the sheriff of the county in which the action is brought shall have duly determined that the defendant cannot be found therein, and an affidavit of the plaintiff or his attorney shall have been filed with the clerk stating that a cause of action exists to determine adverse claims to certain property within the county, and that he believes the defendant or defendants, naming them, is not a resident of the State or cannot be found therein and either (a) that he has mailed a copy of the summons, by registered mail, to the defendant at his place of residence or (b) that such residence is not known to him, service of the summons may be made upon the defendant by three weeks' public notice thereof in the manner provided by law for publication of summons in civil actions. Personal service of such summons without the State, made after order for publication, proved by the affidavit of the person making such service made before an authorized officer having a seal, shall have the same effect as the publication of the summons herein provided.
S.C. Code Ann. § 15-51-50 — SC Code / Title 15 / Chapter 51 / Article 1 / Section 15-51-50
SECTION 15-51-50. Liability for costs.
Status: in_force

The executor or administrator, plaintiff in the action, shall be liable to costs in case there be a verdict for the defendant or nonsuit or discontinuance, out of the goods, chattels and lands of the testator or intestate, if any.
S.C. Code Ann. § 15-17-220 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-220
SECTION 15-17-220. Manner of giving bail.
Status: in_force

The defendant may give bail by causing a written undertaking to be executed by two or more sufficient bail, stating their places of residence and occupations, to the effect that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action and to such as may be issued to enforce the judgment therein or, if he be arrested for cause mentioned in item (2) of SECTION 15-17-20, by an undertaking to the same effect as that provided in SECTION 15-69-140.
S.C. Code Ann. § 15-7-70 — SC Code / Title 15 / Chapter 7 / Section 15-7-70
SECTION 15-7-70. Suits against insurance companies.
Status: in_force

All suits brought against any and all fire, life or other insurance companies doing business in this State may be brought in the county where the loss occurs. But nothing herein contained shall be so construed as to prevent the court from changing the place of trial for any of the causes provided for in SECTION 15-7-100.
S.C. Code Ann. § 15-51-41 — SC Code / Title 15 / Chapter 51 / Article 1 / Section 15-51-41
SECTION 15-51-41. Court approval required for settlement of wrongful death or survival action.
Status: in_force

Any settlement of a wrongful death or survival action must be approved by either a probate court, circuit court, or United States District Court, as provided in Section 15-51-42.
S.C. Code Ann. § 15-1-10 — SC Code / Title 15 / Chapter 1 / Section 15-1-10
SECTION 15-1-10. Rules of construction.
Status: repealed

The rule of common law that statutes in derogation of that law are to be strictly construed has no application to this Title. Editor's Note 1985 Act No. 100, SECTION 3, provides as follows: "SECTION 3. In event of conflict between any provision of the South Carolina Rules of Civil Procedure and any other statutory provisions as to practice and procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil litigation in the courts of this State but shall affect only matters of practice and procedure."
S.C. Code Ann. § 15-39-400 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-400
SECTION 15-39-400. Examinations and answers shall be under oath.
Status: in_force

All examinations and answers before a judge or master under this article shall be on oath, except that when a corporation answers the answer shall be on the oath of an officer.
S.C. Code Ann. § 15-39-660 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-660
SECTION 15-39-660. Contents of advertisement of sale; manner of publication.
Status: in_force

The sheriff shall specify in the advertisement the property to be sold, the time and place of sale, the name of the owner of the property and the party at whose suit the sale is to be made and shall publish the advertisement at three public places in the county, one of which shall be at the courthouse door, and publication shall also be made in some gazette, as provided in SECTION 15-39-650, before the day of sale, if the sale is to be made in a county in which a newspaper may be printed.
S.C. Code Ann. § 15-81-150 — SC Code / Title 15 / Chapter 81 / Section 15-81-150
SECTION 15-81-150. Establishing fair market value of total gross assets.
Status: in_force

(A) A corporation may establish the fair market value of total gross assets for the purpose of the limitations pursuant to Section 15-81-140 through a method reasonable under the circumstances, including: (1) by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or (2) in the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet. (B) Total gross assets include intangible assets. (C) Total gross assets include the aggregate coverage pursuant to applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from a worker's exposure to asbestos solely during the course of his employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of this act is determinative of the aggregate coverage of liability insurance to be included in the calculation of the transferor's total gross assets.
S.C. Code Ann. § 15-9-320 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-320
SECTION 15-9-320. Service on joint-stock companies.
Status: in_force

In suits brought against any joint-stock company formed after December 23, 1879 service upon the president, chief manager, purser or other principal officer named in such articles of agreement shall be good service upon each and every one of the company or association at that time recorded as shareholders therein or who were so at the time the cause of action arose, and no change or transfer of the shares pending the action shall cause any abatement thereof.
S.C. Code Ann. § 15-53-70 — SC Code / Title 15 / Chapter 53 / Section 15-53-70
SECTION 15-53-70. Declaratory judgment may be refused.
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree when such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
S.C. Code Ann. § 15-39-410 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-410
SECTION 15-39-410. Property which may be ordered to be applied to execution.
Status: in_force

The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied.
S.C. Code Ann. § 15-17-760 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-760
SECTION 15-17-760. Disposal of deposit after judgment in the action.
Status: in_force

When money shall have been deposited under SECTION 15-17-240, if it remain on deposit at the time of an order or judgment for the payment of money to the plaintiff, the clerk shall, under the direction of the court, apply such deposit to the satisfaction thereof and after satisfying the judgment shall refund the surplus, if any, to the defendant. If the judgment be in favor of the defendant the clerk shall refund to him the whole sum deposited and remaining unapplied.
S.C. Code Ann. § 15-39-680 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-680
SECTION 15-39-680. Judicial sale days.
Status: in_force

The regular day of judicial sales is the first Monday in each month except when the first Monday in any month is a legal holiday in which case the sale day is on the Tuesday next succeeding the holiday. However, the sheriff may sell personal property on any day after fifteen days' advertisement at any convenient place in his county to be designated in the advertisement. If there is not time to dispose of all the property on sale day the next day following is also a regular sale day, if by public outcry on sale day notice of sale on the next day has been given. Judicial sales of property may be conducted at any other time when so ordered by a court of competent authority or when so directed by an order of reference.
S.C. Code Ann. § 15-43-50 — SC Code / Title 15 / Chapter 43 / Section 15-43-50
SECTION 15-43-50. Immunity of witnesses.
Status: in_force

The solicitor, Attorney General or other attorney representing the prosecution for violation of this chapter may, with the approval of the court, grant immunity to any witness called to testify in behalf of the prosecution.
S.C. Code Ann. § 15-61-100 — SC Code / Title 15 / Chapter 61 / Article 1 / Section 15-61-100
SECTION 15-61-100. Sale may be ordered without writ upon testimony taken.
Status: in_force

Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such writ. And the court may in all proceedings in partition, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind among the parties be practicable or expedient and, when such partition cannot be fairly and equally made, may order a sale of the property and a division of the proceeds according to the rights of the parties. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date." Effect of Amendment 2016 Act No. 153, SECTION 4, substituted "Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action" for "Nothing in SECTIONS 15-61-60 to 15-61-90 shall be construed to affect the power of the court of common pleas" in the first sentence.
S.C. Code Ann. § 15-29-30 — SC Code / Title 15 / Chapter 29 / Section 15-29-30
SECTION 15-29-30. Publication in three successive weeks as equivalent of publication for three weeks or twenty-one days.
Status: in_force

When the statute requires a notice to be published in a newspaper for three weeks or twenty-one days the publication of such notice in three successive weeks shall be sufficient if at least sixteen days shall have expired after the date of the first publication and on or before the date fixed for the doing of the thing of which notice is given.
S.C. Code Ann. § 15-39-350 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-350
SECTION 15-39-350. Examination of debtors of judgment debtor.
Status: in_force

After the issuing or return of an execution against property of the judgment debtor or of any one of several debtors in the same judgment and upon an affidavit that any person or corporation has property of such judgment debtor or is indebted to him in any amount exceeding ten dollars, the judge may by an order require such person or corporation, or any officer or member thereof, to appear at a specified time and place and answer concerning such property or indebtedness. The judge may also, in his discretion, require notice of such proceeding to be given to any party to the action in such manner as may seem to him proper.
S.C. Code Ann. § 15-7-100 — SC Code / Title 15 / Chapter 7 / Section 15-7-100
SECTION 15-7-100. Changing place of trial.
Status: in_force

(A) The court may change the place of trial if: (1) it is a court in a county designated for that purpose in the complaint, but the designated county is not the proper county pursuant to the provisions of Chapter 7 of Title 15 of the 1976 Code or other statutes providing for the venue of actions; (2) there is reason to believe that a fair and impartial trial cannot be had there; or (3) the convenience of witnesses and the ends of justice would be promoted by the change. (B) When the place of trial is changed, all other proceedings must be in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed or by order of the court. The pleadings and other papers must be filed or transferred accordingly. Effect of Amendment The 2005 amendment designated subsections (A) and (B); rewrote subsection (A)(1); in subsection (B) in the second sentence substituted "The pleadings and other papers must" for "And the papers shall"; and made language changes throughout.
S.C. Code Ann. § 15-35-170 — SC Code / Title 15 / Chapter 35 / Article 1 / Section 15-35-170
SECTION 15-35-170. Judgments against unincorporated associations.
Status: in_force

On judgment being obtained against an unincorporated association under process served as provided in SECTION 15-9-330 final process may issue to recover satisfaction of such judgment, and any property of the association and the individual property of any copartner or member thereof found in the State shall be liable to judgment and execution for satisfaction of any such judgment.
S.C. Code Ann. § 15-3-260 — SC Code / Title 15 / Chapter 3 / Article 2 / Section 15-3-260
SECTION 15-3-260. Severability of provisions of this article.
Status: in_force

If any section or portion of any section of this article is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the remaining sections or portion thereof shall not be affected by that action.
S.C. Code Ann. § 15-9-300 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-300
SECTION 15-9-300. Service on unauthorized insurer; other methods of service unaffected by foregoing provisions.
Status: in_force

Nothing contained in SECTION 15-9-280, SECTION 15-9-285, or SECTION 15-9-290 limits or abridges the right to serve any process, notice, or demand upon any insurer in any other manner permitted by law.
S.C. Code Ann. § 15-37-200 — SC Code / Title 15 / Chapter 37 / Section 15-37-200
SECTION 15-37-200. Costs in action prosecuted by the State.
Status: in_force

In all civil actions prosecuted in the name of the State by an officer duly authorized for that purpose the State shall be liable for costs in the same cases and to the same extent as private parties. If a private person be joined with the State as plaintiff he shall be liable in the first instance for the defendant's costs, which shall not be recovered of the State until after execution issued therefor against such private party shall have been returned unsatisfied.
S.C. Code Ann. § 15-3-150 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-150
SECTION 15-3-150. No civil action for criminal conversation permitted.
Status: in_force

No civil action may be brought in this State for the tort of criminal conversation.
S.C. Code Ann. § 15-17-520 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-520
SECTION 15-17-520. Issues on exceptions to clerk's rulings shall be summarily heard by judge.
Status: in_force

In case exceptions be taken to any order or ruling of the clerk while discharging the duties imposed by this article, the issues therein may be summarily heard and tried by the judge of the circuit or by any circuit judge then holding the courts in such circuit or, if there be no judge within such circuit, by any other circuit judge named in the notice for such hearing.
S.C. Code Ann. § 15-39-710 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-710
SECTION 15-39-710. Sheriff's execution sales shall be for cash; resale.
Status: in_force

Every sheriff's sale made by virtue of the directions of an execution shall be for cash. If the purchaser shall fail to comply with the terms aforesaid the sheriff's shall proceed to resell at the risk of the defaulting purchaser either on the same or some subsequent sale day, as the plaintiff may direct, and, in the absence of any direction by the plaintiff, the sheriff shall resell on the same day, if practicable, and if not on the next succeeding sale day, making in every such case proclamation that he is reselling at the risk of such defaulting former purchaser.
S.C. Code Ann. § 15-61-310 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-310
SECTION 15-61-310. Short title.
Status: in_force

This article may be cited as the "Clementa C. Pinckney Uniform Partition of Heirs' Property Act". Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
S.C. Code Ann. § 15-3-600 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-600
SECTION 15-3-600. Action for other relief.
Status: in_force

An action for relief not provided for in this chapter must be commenced within ten years after the cause of action shall have accrued.
S.C. Code Ann. § 15-63-100 — SC Code / Title 15 / Chapter 63 / Section 15-63-100
SECTION 15-63-100. Security for costs.
Status: in_force

In every case the Attorney General, or circuit judge, as the case may be may require as a condition precedent to bringing such action that satisfactory security shall be given to indemnify the State against the costs and expenses to be incurred thereby. In every case brought by the Attorney General in which such security is given the measure of compensation to be paid by such person to the Attorney General shall be left to the agreement, express or implied, of the parties.
S.C. Code Ann. § 15-9-460 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-460
SECTION 15-9-460. Service on certain nurserymen.
Status: in_force

Service of process on any person who shall have appointed the Secretary of State as his agent to accept service under the provisions of SECTION 46-33-40 may be made by serving such process upon the Secretary of State.
S.C. Code Ann. § 15-49-20 — SC Code / Title 15 / Chapter 49 / Section 15-49-20
SECTION 15-49-20. Petition requirements for name change; notification; costs.
Status: in_force

(A) A person who petitions the court for a name change must attach to the petition or have provided directly to the court and made a part of the record: (1) the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division; (2) a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court must notify the department of the change so that the department can accurately reflect the change in the Central Registry of Child Abuse and Neglect; (3) an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony; (4) a screening statement from the State Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the division of the change so that the division can accurately reflect the change in the sex offender registry; (5) an affidavit signed by the petitioner which provides that the petitioner is currently a resident of the State of South Carolina and has been a resident of the State for at least six months. The petitioner shall attach to the affidavit proof of residency in South Carolina of at least six months, which may be as documented on any form of proof of residency deemed acceptable by the South Carolina Department of Motor Vehicles when issuing a driver's license. To protect the petitioner's safety, the court may waive the six months' residency requirement if the petitioner provides evidence that: (a) the petitioner is a victim of domestic violence, dating violence, stalking, harassment, sexual offenses, trafficking in persons, or other abuse; and (b) the petitioner is currently in reasonable fear of the petitioner's safety. Evidence shall include, but not be limited to: (i) law enforcement, court, or other federal or state agency applications, records, or files; (ii) documentation from an agency or nonprofit organization that provides specialized assistance or services to victims of domestic violence, dating violence, stalking, harassment, sexual offenses, trafficking in persons, or other abuse; or (iii) documentation from a religious, medical, or other professional from whom the applicant has sought assistance in connection with the alleged victimization. This subsection does not apply to a minor child when the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B), to a person seeking to return to the person's maiden name or a former married name in an action for divorce, or to a person seeking to change his or her name as a result of the person's marriage. (B) Prior to issuing an order for a name change, the court may conduct a hearing on the petition and may order the petitioner to be present. (C) Following the hearing and upon consideration of the petition, the reason contained in the petition, and other documentation before the court, the judge must determine and grant or refuse the name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public. (D) If a petitioner is found to have a criminal record as indicated by the background check and the court grants the petition for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division must make the appropriate changes to the petitioner's criminal record. (E) If a petitioner is in custody of the Department of Corrections and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department must make the appropriate changes to the petitioner's department record. (F) A petitioner who requests a background check from a law enforcement agency pursuant to the provisions of this section shall sign an affidavit stating he has never been convicted of a crime under a name other than the name in which he is making the request. A surrogate or person representing a petitioner over the age of eighteen shall not be allowed to sign the affidavit. A petitioner who knowingly and wilfully falsifies the affidavit must be punished as provided in subsections (G) or (H). (G) A person who knowingly and wilfully falsifies the affidavit required in subsection (F), upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than six months, or both. (H) A person convicted of an offense requiring registration with the State Law Enforcement Division's Sex Offender Registry, and who knowingly and wilfully falsifies the affidavit required in subsection (F) in order to obtain employment, including employment with a child daycare center, or other entity that cares for vulnerable individuals, upon conviction, must be imprisoned for a period of not more than ten years. (I) All costs associated with the requirements of this section are the sole responsibility of the petitioner. (J) The provisions of this section do not apply to a person who wishes to resume her maiden name as a result of a domestic action filed in family court. A family court judge may authorize a name change for a person wishing to resume her maiden name in another order including, but not limited to, an order for separate support and maintenance or a final divorce decree. (K) Upon the petitioner's request, after granting the name change, the court shall seal the file if the court finds that the safety of the petitioner seeking the name change or the safety of the petitioner's child or ward warrants sealing the file. In all cases filed under this subsection, where the court orders that the file be sealed, any court record of the name change petition, proceeding, or order shall not be made public. Effect of Amendment The 2006 amendment added subsections (F) to (H) and (J), redesignated subsection (F) as (I) and made nonsubstantive changes in subparagraph (A)(4) and subsection (C). 2022 Act No. 183, SECTION 2, in (A), added (5). 2022 Act No. 183, SECTION 3, added (K).
S.C. Code Ann. § 15-3-550 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-550
SECTION 15-3-550. Two years.
Status: in_force

Within two years: (1) an action for libel, slander, or false imprisonment; and (2) an action upon a statute for a forfeiture or penalty to the State.
S.C. Code Ann. § 15-35-950 — SC Code / Title 15 / Chapter 35 / Article 11 / Section 15-35-950
SECTION 15-35-950. Article does not impair judgment creditor's right to bring civil action in State to enforce judgment.
Status: in_force

This article may not be construed to impair a judgment creditor's right to bring a civil action in this State to enforce the creditor's judgment.
S.C. Code Ann. § 15-65-70 — SC Code / Title 15 / Chapter 65 / Section 15-65-70
SECTION 15-65-70. How bonds shall be made payable; filing.
Status: in_force

The several bonds required by this chapter shall be made payable to the clerks of the respective courts in which the action is pending in which the bonds shall be made and shall be conditioned as required by this chapter. They shall, upon execution and approval as to form and sufficiency by the court or judge, or such other officer as the order shall prescribe, be filed in the office of the clerk of court, who shall, upon demand of any party to the cause and payment of the legal fees therefor, give certified copies of such bonds on which any party entitled to the benefit thereof may sue the parties liable thereon in any court of competent jurisdiction.
S.C. Code Ann. § 15-19-40 — SC Code / Title 15 / Chapter 19 / Article 1 / Section 15-19-40
SECTION 15-19-40. Persons authorized to grant attachment.
Status: in_force

A warrant of attachment must be obtained from a judge, clerk of the court or magistrate in which or before whom the action is brought or from a circuit judge.
S.C. Code Ann. § 15-50-30 — SC Code / Title 15 / Chapter 50 / Section 15-50-30
SECTION 15-50-30. Transfer agreements; disclosure statements.
Status: in_force

Not less than ten days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, including: (1) amounts and due dates of the structured settlement payments being transferred; (2) aggregate amount of the payments; (3) discounted present value of the payments being transferred, which must be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value; (4) gross advance amount; (5) itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of the fees and disbursements; (6) the effective annual interest rate, which must be disclosed in a statement in the following form: "On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ___ percent per year."; (7) net advance amount; (8) amount of penalties or liquidated damages payable by the payee if the payee breaches the transfer agreement; (9) a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee; (10) that the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to the transfer of any structured settlement payment rights. The notice must also contain: "It is prohibited for us to refer you to a specific independent professional adviser. We may refer you to a state or local referral service, bar association, legal aid, or any other entity unrelated to us which assists people with locating independent professional advice, if requested"; and (11) that the payee has the right to seek out and consider additional offers for transferring the structured settlement payment rights and should do so. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date." Effect of Amendment 2023 Act No. 22, SECTION 3, in the first undesignated paragraph, substituted "ten days" for "three days", inserted (6) and redesignated former (6) to (8) as (7) to (9), respectively, added (10) and (11), and made nonsubstantive changes.
S.C. Code Ann. § 15-9-17 — SC Code / Title 15 / Chapter 9 / Article 1 / Section 15-9-17
SECTION 15-9-17. Service of summons, complaint or other judicial documents on Sunday.
Status: in_force

Notwithstanding another provision of law, a process server may serve a summons, complaint, or other judicial documents on Sundays; however, a process server may not serve a person who is going to or from or attending a regularly or specially scheduled church or other religious service on Sunday.
S.C. Code Ann. § 15-63-140 — SC Code / Title 15 / Chapter 63 / Section 15-63-140
SECTION 15-63-140. Proceedings against usurping defendant on refusal to deliver books or papers to relator.
Status: in_force

If the defendant shall refuse or neglect to deliver over such books or papers, pursuant to the demand, he shall be guilty of a misdemeanor, and the following proceedings shall be had to compel delivery of such books or papers: (1) The successor in whose favor judgment has been so rendered may make complaint of such refusal or neglect to any judge of the circuit court of the circuit in which the person so refusing shall reside or to any justice of the Supreme Court. If such judge be satisfied by the oath of the complainant and such testimony as shall be offered that any such books or papers are withheld he shall grant an order directing the person so refusing to show cause before him, within some short reasonable time, why he should not be compelled to deliver such books or papers. (2) At the time so appointed or at any other time to which the matter may be adjourned upon due proof being made of the service of such order, such judge shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers shall make affidavit before the judge that he has truly delivered over to his successor all such books and papers in his custody or appertaining to his office, within his knowledge, all further proceedings before the judge shall cease and the person complained against shall be discharged. (3) If the person complained against shall not make such oath and it shall appear that any such books or papers are withheld the judge before whom such proceedings shall be had shall, by warrant, commit the person so withholding to the jail of the county, there to remain until he shall deliver such books and papers or be otherwise discharged according to law. (4) In the case stated in the last paragraph, if required by the complainant, the judge shall also issue his warrant, directed to any sheriff or constable, commanding him in the daytime to search such places as shall be designated in such warrant for such books and papers as belong to the officer so removed or whose term of office expired in his official capacity and which appertained to such office and seize and bring them before the officer issuing the warrant. (5) Upon any books or papers being brought before such judge, by virtue of such warrant, he shall inquire and examine whether such books or papers appertained to the office from which the person so refusing to deliver was removed or of which the term expired and, if so, he shall cause them to be delivered to the complainant.
S.C. Code Ann. § 15-69-120 — SC Code / Title 15 / Chapter 69 / Section 15-69-120
SECTION 15-69-120. Filing of notice and affidavit.
Status: in_force

The sheriff shall file the notice and affidavit, with his proceedings thereon, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.
S.C. Code Ann. § 15-1-240 — SC Code / Title 15 / Chapter 1 / Section 15-1-240
SECTION 15-1-240. Sheriff shall not take attorney at law or officer of court as bail.
Status: in_force

No sheriff shall take any attorney at law or officer of court as bail for any person whomsoever in any civil case.
S.C. Code Ann. § 15-50-120 — SC Code / Title 15 / Chapter 50 / Section 15-50-120
SECTION 15-50-120. Notice of judgements required to be filed.
Status: in_force

Within ten days after a judgment is secured against a structured settlement purchase company by a payee, the structured settlement purchase company must file a notice with the Secretary and the surety providing a copy of the judgment and the name and address of the judgment creditor; and include the status of the matter, including whether the judgment will be appealed, or has been paid or satisfied. Editor's Note 2023 Act No. 22, SECTION 20, provides as follows: "SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
S.C. Code Ann. § 15-37-20 — SC Code / Title 15 / Chapter 37 / Section 15-37-20
SECTION 15-37-20. Costs allowed only to successful party.
Status: in_force

No costs shall be allowed to any party unless he succeed, in whole or in part, in his claim or defense, unless otherwise directed by the judge hearing the cause.
S.C. Code Ann. § 15-65-130 — SC Code / Title 15 / Chapter 65 / Section 15-65-130
SECTION 15-65-130. Order for sum admitted due.
Status: in_force

When the answer of the defendant expressly, or by not denying, admits part of the plaintiff's claim to be just, the court on motion may order such defendant to satisfy that part of the claim and may enforce the order as it enforces a judgment or provisional remedy.
S.C. Code Ann. § 15-7-10 — SC Code / Title 15 / Chapter 7 / Section 15-7-10
SECTION 15-7-10. Actions which must be tried where subject matter situated.
Status: in_force

An action for the following causes must be tried in the county in which the subject of the action or some part of the property is situated, subject to the power of the court to change the place of trial in certain cases as provided in Section 15-7-100: (1) for the recovery of real property or of an estate or interest in real property, for the determination in any form of the right or interest, and for injuries to real property; (2) for the partition of real property; (3) for the foreclosure of a mortgage of real property; (4) for the recovery of personal property distrained for any cause; and (5) for all matters between landlord and tenant pursuant to Chapters 33 through 40 of Title 27 including, but not limited to, an action for (a) possession of land, (b) payment or collection of rent including collection of rent by distraint on a tenant's property, or (c) damage to or destruction of rental property. Effect of Amendment The 2006 amendment added item (5) relating to matters between landlord and tenant.
S.C. Code Ann. § 15-19-560 — SC Code / Title 15 / Chapter 19 / Article 5 / Section 15-19-560
SECTION 15-19-560. Verdict or decision shall state whether amount found is for purchase money; order of sale.
Status: in_force

In all actions tried by a jury when the plaintiff claims that the action is brought for the recovery of the purchase money for the property attached if the jury find for the plaintiff they shall also state in their verdict whether or not the amount found is for the purchase money of the property attached. And in all cases tried by a judge, he shall, if he decides in favor of the plaintiff, certify whether or not the debt so found by him is for the purchase money of the property seized under the warrant of attachment. In such cases the judge shall direct that the attached property shall be sold by the sheriff or constable and the proceeds arising from such sale be applied in payment of the plaintiff's debt and costs and the surplus, if any, paid over to the defendant.
S.C. Code Ann. § 15-63-10 — SC Code / Title 15 / Chapter 63 / Section 15-63-10
SECTION 15-63-10. Provisions of chapter are in lieu of scire facias and quo warranto.
Status: in_force

The writ of scire facias, the writ of quo warranto and proceedings by information in the nature of quo warranto having been abolished, the remedies previously obtainable in those forms may be obtained by civil actions under the provisions of this chapter.
S.C. Code Ann. § 15-69-110 — SC Code / Title 15 / Chapter 69 / Section 15-69-110
SECTION 15-69-110. Service of affidavit of waiver or probability of destruction or concealment.
Status: in_force

If either an affidavit showing that the defendant has waived his right to a preseizure hearing or an affidavit of probability of damage or concealment is filed under the provisions of this chapter, a copy thereof shall be served on the defendant in lieu of serving him with notice of right to preseizure hearing.
S.C. Code Ann. § 15-27-15 — SC Code / Title 15 / Chapter 27 / Article 1 / Section 15-27-15
SECTION 15-27-15. Interpreters for deaf person who is party to legal proceeding, witness therein, or confined to any institution.
Status: in_force

(A) Whenever a deaf person is a party or witness in any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrates court, or is confined to an institution, the court must appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. (B) For purposes of this section: (1) "Qualified interpreter" means a person eighteen years of age or older who has been certified by the South Carolina Association of the Deaf Interpreter Assessment Program (SCAD-IAP Level IV or V) or the National Registry of Interpreters for the Deaf and who has received approval from the South Carolina Association of the Deaf and who is not a family member of the deaf person. (2) "Deaf person" means a person who cannot use his hearing for communication purposes. (C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to an institution, all the court proceedings pertaining to the person must be interpreted to the deaf person in a language that the person understands by a qualified interpreter appointed by the court.
S.C. Code Ann. § 15-37-10 — SC Code / Title 15 / Chapter 37 / Section 15-37-10
SECTION 15-37-10. Costs generally.
Status: in_force

In every civil action commenced or prosecuted in the courts of record in this State, except cases in chancery, the attorneys for the plaintiff or defendant shall be entitled to recover costs and disbursements of the adverse party as prescribed in SECTIONS 15-37-20, 15-37-60, 15-37-70, and 15-37-120 to 15-37-160, and Chapter 21 of Title 8, Article 3 of Chapter 11 of Title 14, Chapter 19 of Title 14, Article 7 of Chapter 23 of Title 14, Chapter 19 of Title 19, Chapter 7 of Title 22, Article 3 of Chapter 9 of Title 22, and Article 1 of Chapter 19 of Title 23, such costs to be allowed as of course to the attorneys for the plaintiff or defendant and all officers of the court thereto entitled accordingly as the action may terminate and to be inserted in the judgment against the losing party. In cases in chancery the same rule as to costs shall prevail unless otherwise ordered by the court.
S.C. Code Ann. § 15-39-80 — SC Code / Title 15 / Chapter 39 / Article 1 / Section 15-39-80
SECTION 15-39-80. Contents of executions.
Status: in_force

The execution must be directed to the sheriff or to the coroner when the sheriff is a party or interested, must be attested by the clerk, subscribed by the party issuing it or his attorney and must intelligibly refer to the judgment, stating the court, the county in which the judgment roll or transcript is filed, the names of the parties, the amount of the judgment if it be for money, the amount actually due thereon and the time of docketing in the county to which the execution is issued. It shall require the officer, substantially, as follows: (1) If it be against the property of the judgment debtor, to satisfy the judgment out of the personal property of such debtor and, if sufficient personal property cannot be found, out of the real property belonging to him; (2) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property or trustees, to satisfy the judgment out of such property; (3) If it be against the person of the judgment debtor, to arrest such debtor and commit him to the jail of the county until he shall pay the judgment or be discharged according to law; or (4) If it be for the delivery of the possession of real or personal property, to deliver the possession of such property, particularly describing it, to the party entitled thereto, and in such case it may, at the same time, require the officer to satisfy any costs, damages or rents or profits recovered by the judgment out of the personal property of the party against whom it was rendered and the value of the property for which the judgment was recovered, to be specified therein, or, if a delivery thereof cannot be had and if sufficient personal property cannot be found, then out of the real property belonging to him and it shall, in that respect, be deemed an execution against property.
S.C. Code Ann. § 15-17-550 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-550
SECTION 15-17-550. Proceedings in cases of appeal.
Status: in_force

If the verdict of the jury provided in Section 15-17-490 is in favor of the debtor and the plaintiff should appeal, the debtor shall be entitled to be discharged from confinement on his giving bond and sufficient sureties to the plaintiff to be forthcoming and to abide by the decision of the court of appeals or the Supreme Court. If the appeal shall be determined against the debtor and he be not surrendered, which the surety may do, before the first day of the circuit court next succeeding the determination of the appeal, then the clerk of the court, on the application of the plaintiff or his agent, shall issue an order on the bond against the prisoner and his sureties, as in cases of estreated recognizances. But if the prisoner should appear or be surrendered, as aforesaid, then the clerk shall proceed with the case as provided in the preceding sections.
S.C. Code Ann. § 15-17-60 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-60
SECTION 15-17-60. Security by plaintiff before obtaining order for arrest.
Status: in_force

Before making the order the judge or other officer shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that, if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars. If the undertaking be executed by the plaintiff without sureties he shall annex thereto an affidavit that he is a resident and householder or freeholder within the State and worth double the sum specified in the undertaking over all his debts and liabilities.
S.C. Code Ann. § 15-3-250 — SC Code / Title 15 / Chapter 3 / Article 2 / Section 15-3-250
SECTION 15-3-250. Claims pending prior to approval of this article.
Status: in_force

This article does not affect nor apply to any claim pending before approval of the act by the Governor.
S.C. Code Ann. § 15-78-50 — SC Code / Title 15 / Chapter 78 / Section 15-78-50
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.
Status: in_force

(a) Any person who may suffer a loss proximately caused by a tort of the State, an agency, a political subdivision, or a governmental entity, and its employee acting within the scope of his official duty may file a claim as hereinafter provided. (b) In no case is a governmental entity liable for a tort of an employee where that employee, if a private person, would not be liable under the laws of this State. (c) Nothing herein shall affect the power of a court of equity at the suit of a party complainant to enjoin unlawful acts committed by governmental entities or mandate lawful action by governmental entities.
S.C. Code Ann. § 15-9-15 — SC Code / Title 15 / Chapter 9 / Article 1 / Section 15-9-15
SECTION 15-9-15. Affidavit as proof of service by publication.
Status: in_force

In addition to the method of proof of service by publication provided by the South Carolina Rules of Civil Procedure, proof of service by publication may be made by affidavit before a notary public of this State that the appropriate notice has been printed or published.
S.C. Code Ann. § 15-51-20 — SC Code / Title 15 / Chapter 51 / Article 1 / Section 15-51-20
SECTION 15-51-20. Beneficiaries of action for wrongful death; by whom brought.
Status: in_force

Every such action shall be for the benefit of the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the person whose death shall have been so caused. Every such action shall be brought by or in the name of the executor or administrator of such person.
S.C. Code Ann. § 15-67-450 — SC Code / Title 15 / Chapter 67 / Article 5 / Section 15-67-450
SECTION 15-67-450. Persons who have held by force three years are unaffected by this article.
Status: in_force

They which keep their possessions with force in any lands and tenements whereof they or their ancestors or they whose estate they have in such lands and tenements have continued their possessions in such lands and tenements by three years or more shall not be endangered by force of this article.
S.C. Code Ann. § 15-78-160 — SC Code / Title 15 / Chapter 78 / Section 15-78-160
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.
Status: in_force

If an agency or political subdivision fails to pay any required premium within sixty days from the date the premium is invoiced, the State Fiscal Accountability Authority may cancel the policy for nonpayment of premium by mailing a notice of cancellation giving not less than thirty days' notice of the cancellation to the delinquent agency or political subdivision. Prior to the termination of the insurance coverage, notice of the impending termination also must be published in a newspaper of regular circulation in the county where the insured's headquarters is located. The State Fiscal Accountability Authority is not liable for any risk or loss occurring after the effective date of the cancellation. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 15-1-300 — SC Code / Title 15 / Chapter 1 / Section 15-1-300
SECTION 15-1-300. Contributory negligence shall not bar recovery in motor vehicle accident action.
Status: in_force

In any motor vehicle accident, contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such contributory negligence was equal to or less than the negligence which must be established in order to recover from the party against whom recovery is sought.
S.C. Code Ann. § 15-5-150 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-150
SECTION 15-5-150. Foreign corporations as defendants.
Status: in_force

An action against a corporation created by or under the laws of any other state, government or country may be brought in the circuit court: (1) By any resident of this State for any cause of action; or (2) By a plaintiff not a resident of this State when the cause of action shall have arisen or the subject of the action shall be situated within this State.
S.C. Code Ann. § 15-5-90 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-90
SECTION 15-5-90. Survival of right of action.
Status: in_force

Causes of action for and in respect to any and all injuries and trespasses to and upon real estate and any and all injuries to the person or to personal property shall survive both to and against the personal or real representative, as the case may be, of a deceased person and the legal representative of an insolvent person or a defunct or insolvent corporation, any law or rule to the contrary notwithstanding.
S.C. Code Ann. § 15-77-320 — SC Code / Title 15 / Chapter 77 / Article 5 / Section 15-77-320
SECTION 15-77-320. No right of action created.
Status: in_force

Nothing in this article grants permission to bring an action against an agency otherwise immune from suit or gives a right to bring an action to a party who otherwise lacks standing to bring the action.
S.C. Code Ann. § 15-35-510 — SC Code / Title 15 / Chapter 35 / Article 5 / Section 15-35-510
SECTION 15-35-510. Clerk shall keep abstract of judgments.
Status: in_force

The clerk shall keep among the records of the court a book for the entry of judgments, to be called the "abstract of judgments."
S.C. Code Ann. § 15-19-300 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-300
SECTION 15-19-300. Discharge or return of property on defendant's appearance.
Status: in_force

Whenever the defendant shall have appeared in such action he may apply to the officer who issued the attachment or to the court for an order to discharge the attachment, and, if such order be granted, all the proceeds of sales and moneys collected by such officer and all property attached remaining in his hands shall be delivered or paid by him to the defendant or his agent and released from the attachment. And when there is more than one defendant and the several property of either of the defendants has been seized by virtue of the order of attachment any defendant whose several property has been seized may apply to the officer who issued the attachment for relief under this section.
S.C. Code Ann. § 15-77-310 — SC Code / Title 15 / Chapter 77 / Article 5 / Section 15-77-310
SECTION 15-77-310. Petition.
Status: in_force

The party shall petition for the attorney's fees within thirty days following final disposition of the case. The petition must be supported by an affidavit setting forth the basis for the request.
S.C. Code Ann. § 15-53-120 — SC Code / Title 15 / Chapter 53 / Section 15-53-120
SECTION 15-53-120. Granting of further relief based on declaratory judgment.
Status: in_force

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
S.C. Code Ann. § 15-17-420 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-420
SECTION 15-17-420. Creditors shall be summoned by public notice.
Status: in_force

Upon such petition the clerk shall, by order or rule, cause the petitioner to be brought before the court and also the creditors at whose suit such person shall stand charged, as well as all other creditors to whom he shall be indebted, to be summoned by public notice, to be given three weeks at least in some newspaper of the county wherein the debtor is confined and, if there be no newspaper published in such county, then in some newspaper of general circulation therein, personally or by their attorney, to appear before him at a day for that purpose appointed at or after the expiration of such period of three weeks.
S.C. Code Ann. § 15-39-630 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-630
SECTION 15-39-630. Where and by whom sales made.
Status: in_force

Property adjudged to be sold must be sold in the county in which it lies, except as otherwise provided in this article, and in the manner herein provided. All sales of real estate under the orders of the probate court shall be made by the judge of probate. All sales under the order of the court when the title is to be made by the clerk of the circuit court shall be made by the clerk. In those counties in which the office of master exists the master shall make all sales ordered by the court in granting equitable relief, conformable to the practice of the circuit court or to the practice of the courts of equity in this State before such courts were abolished. And whenever real estate is adjudged to be sold by a master, such sale may take place by consent of the parties to the cause or their attorneys, or, when infants are parties, by consent of their guardians ad litem or their attorneys in any county which the court may direct. Whenever the court of common pleas in any county shall have acquired jurisdiction over real estate lying in another county the master for the county in which the action is brought may sell such real estate in the county in which the land is situated. But when such land is contained in one tract or adjoining tracts lying in more than one county the land may be sold in whatever county the court may fix, and the advertisement shall appear in the county or counties in which the land is situate and in which the land is to be sold. All other judicial sales shall be made by the sheriffs.
S.C. Code Ann. § 15-39-840 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-840
SECTION 15-39-840. Conveyances of real estate sold under execution.
Status: in_force

When any sheriff or other officer makes a conveyance of any real estate sold by virtue of a tax execution or other execution the conveyance shall contain the name of the person owning the property executed on, the name of the judgment creditor executing, the date of execution and the date of sale.
S.C. Code Ann. § 15-3-60 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-60
SECTION 15-3-60. Effect of two or more disabilities.
Status: in_force

When two or more disabilities shall coexist at the time the right of action accrues the limitation shall not attach until they all be removed.
S.C. Code Ann. § 15-47-150 — SC Code / Title 15 / Chapter 47 / Section 15-47-150
SECTION 15-47-150. Application to court.
Status: in_force

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 15-47-120 must comply with the applicable rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted. Editor's Note 2010 Act No. 132, SECTION 2, provides: "This act takes effect upon approval by the Governor and applies to requests for discovery in cases pending on that date."
S.C. Code Ann. § 15-61-400 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-400
SECTION 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids.
Status: in_force

(A) If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (B) If the court orders an open-market sale and the parties, not later than thirty days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court, upon consultation with the parties, shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this State to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. (C) If a broker appointed under subsection (B) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (1) the broker shall comply with the reporting requirements in Section 15-61-410; (2) the sale may be completed in accordance with state law other than this article; and (3) the commission of the real estate broker must be paid from the proceeds of the sale. (D) If the broker appointed under subsection (B) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may: (1) approve the highest outstanding offer, if any; (2) redetermine the value of the property and order that the property continue to be offered for an additional time; or (3) order that the property be sold by sealed bids or at an auction. (E) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted pursuant to procedures governing judicial sales and auctions. (F) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
S.C. Code Ann. § 15-61-410 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-410
SECTION 15-61-410. Report of broker appointed to offer heirs' property for open-market sale.
Status: in_force

(A) Unless required otherwise to do so within a shorter time, a broker appointed under Section 15-61-400, to offer heirs' property for open-market sale shall file a report with the court not later than ten days after receiving an offer to purchase the property for at least the value determined pursuant to Section 15-61-360 or 15-61-400. (B) The report required by subsection (A) must contain the following information: (1) a description of the property to be sold to each buyer; (2) the name of each buyer; (3) the proposed purchase price; (4) the terms and conditions of the proposed sale, including the terms of any owner financing; (5) the amounts to be paid to lienholders; (6) a statement of contractual or other arrangements or conditions of the broker's commission; and (7) other material facts relevant to the sale. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
S.C. Code Ann. § 15-61-420 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-420
SECTION 15-61-420. Construction of article.
Status: in_force

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b), except to the extent that South Carolina law, rules, and regulations so authorize. Editor's Note 2016 Act No. 153, SECTION 6, provides as follows: "SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
S.C. Code Ann. § 15-3-210 — SC Code / Title 15 / Chapter 3 / Article 2 / Section 15-3-210
SECTION 15-3-210. Short title.
Status: in_force

This article may be cited as the "Year 2000 Commerce Protection Act".
S.C. Code Ann. § 15-63-90 — SC Code / Title 15 / Chapter 63 / Section 15-63-90
SECTION 15-63-90. Joining of relator as plaintiff.
Status: in_force

When an action shall be brought by the Attorney General, by virtue of this chapter on the complaint of any private party or by a person having an interest in the question, the name of such person shall be joined with the State as plaintiff.
S.C. Code Ann. § 15-67-750 — SC Code / Title 15 / Chapter 67 / Article 9 / Section 15-67-750
SECTION 15-67-750. Guardian, husband or trustee may prove that such person was alive.
Status: in_force

Nothing contained in SECTIONS 15-67-710 through 15-67-730 shall prevent any guardian, husband or trustee from showing by satisfactory proof that the person sought was actually living at the time proceedings for a view of such person were commenced.
S.C. Code Ann. § 15-35-960 — SC Code / Title 15 / Chapter 35 / Article 11 / Section 15-35-960
SECTION 15-35-960. Inapplicability to judgments based on claims contrary to public policy.
Status: in_force

The provisions of this article do not apply to foreign judgments based on claims which are contrary to the public policies of this State.
S.C. Code Ann. § 15-69-200 — SC Code / Title 15 / Chapter 69 / Section 15-69-200
SECTION 15-69-200. Claim of property by third person.
Status: in_force

If the property taken be claimed by any other person than the defendant or his agent and such person shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the affidavit upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking executed by two sufficient sureties accompanied by their affidavit that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, and are freeholders and householders within this State. And no claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, unless made as aforesaid, and, notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.
S.C. Code Ann. § 15-43-30 — SC Code / Title 15 / Chapter 43 / Section 15-43-30
SECTION 15-43-30. Temporary injunction.
Status: in_force

In such action the court or the judge in vacation shall, upon the presentation of a petition therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction, without bond, if the existence of such nuisance shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony or otherwise, as the complainant may elect, unless the court or judge by previous order shall have directed the form and manner in which it shall be presented. Three days' notice in writing shall be given the defendant of the hearing of the application and if then continued at his instance the writ as prayed shall be granted as a matter of course. When an injunction has been granted it shall be binding on the defendant throughout the State, and any violation of the provisions of the injunction herein provided for shall be a contempt as provided in SECTION 15-43-70.
S.C. Code Ann. § 15-28-30 — SC Code / Title 15 / Chapter 28 / Section 15-28-30
SECTION 15-28-30. Videotaped depositions of children.
Status: in_force

Any party, including a guardian ad litem, during a family court proceeding relating to abuse or neglect, may request a videotaped deposition of a child with appropriate notice to all other parties who shall be given the right of cross-examination. Failure without good cause to attend the deposition or to cross-examine shall not be a ground for objection to the admissibility of the deposition in any proceeding related to the pending action.
S.C. Code Ann. § 15-69-80 — SC Code / Title 15 / Chapter 69 / Section 15-69-80
SECTION 15-69-80. Notice and opportunity for preseizure hearing is required; waiver.
Status: in_force

No property shall be seized under the provisions of this chapter unless five days' notice and an opportunity to be heard have been afforded the party in possession as herein provided; provided, however, any person in possession of the personal property may waive the right to a preseizure hearing, if the waiver is conspicuously displayed in the contract and includes the wording "waiver of hearing prior to immediate possession." In order for the contractual waiver or any other waiver to be effective, the plaintiff by affidavit must show that the defendant has in writing by contract or separate written instrument voluntarily, intelligently and knowingly waived his right to a hearing prior to the repossession of such personal property. The judge or clerk of court may order immediate delivery of the property to the plaintiff upon receipt of such affidavit.
S.C. Code Ann. § 15-78-180 — SC Code / Title 15 / Chapter 78 / Section 15-78-180
SECTION 15-78-180. Applicability of chapter to causes of action arising before or after July 1, 1986.
Status: in_force

The provisions of Chapter 78 of Title 15 of the 1976 Code shall only apply to those causes of action arising or accruing after the effective date of this chapter; provided, however, the provisions of SECTION 15-78-20(c) of the 1976 Code are applicable to all causes of action arising on or before the effective date of the chapter.
S.C. Code Ann. § 15-29-85 — SC Code / Title 15 / Chapter 29 / Section 15-29-85
SECTION 15-29-85. Charges for legal advertisements in newspapers: rates for indigents.
Status: in_force

Notwithstanding other provisions of SECTION 15-29-80 with regard to legal advertising rates, any person required to publish a summons or other legal notice who qualifies as an indigent shall not be charged an amount exceeding one dollar per inch for the first insertion and not exceeding fifty cents per inch for each subsequent insertion of that legal advertisement. Advertisements published under the provisions of this section shall comply with the layout requirements set forth in SECTION 15-29-80 with charges calculated in accordance with the measurement provisions set forth therein. As used in this section "indigent" means a person whose legal assistance is paid for with public funds or who would be qualified for such assistance in the proceeding which requires publication of the legal notice concerned.
S.C. Code Ann. § 15-81-120 — SC Code / Title 15 / Chapter 81 / Section 15-81-120
SECTION 15-81-120. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Asbestos claim" means a claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or related to asbestos, including: (a) the health effects of exposure to asbestos, including a claim for: (i) personal injury or death; (ii) mental or emotional injury; (iii) risk of disease or other injury; or (iv) the costs of medical monitoring or surveillance to the extent these claims are recognized pursuant to state law; (b) a claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and (c) a claim for damage or loss caused by the installation, presence, or removal of asbestos. (2) "Corporation" means a corporation for profit, including a domestic corporation organized pursuant to the laws of this State, or a foreign corporation organized pursuant to laws other than the laws of this State. (3) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities. (4) "Successor asbestos-related liabilities" means liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related to an asbestos claim and were assumed or incurred by a corporation as a result of, or in connection with, a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related to an asbestos claim based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined pursuant to Section 15-81-140, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this State or another jurisdiction. (5) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
S.C. Code Ann. § 15-37-190 — SC Code / Title 15 / Chapter 37 / Section 15-37-190
SECTION 15-37-190. Costs against assignee after action brought.
Status: in_force

In actions in which the cause of action shall, by assignment after the commencement of the action or in any other manner, become the property of a person not a party to the action such person shall be liable for the costs and disbursements in the same manner as if he were a party, and payment thereof may be enforced by attachment.