S.C. Code Ann. § 15-78-60 — SC Code / Title 15 / Chapter 78 / Section 15-78-60
SECTION 15-78-60. Exceptions to waiver of immunity.
Status: repealed

The governmental entity is not liable for a loss resulting from: (1) legislative, judicial, or quasi-judicial action or inaction; (2) administrative action or inaction of a legislative, judicial, or quasi-judicial nature; (3) execution, enforcement, or implementation of the orders of any court or execution, enforcement, or lawful implementation of any process; (4) adoption, enforcement, or compliance with any law or failure to adopt or enforce any law, whether valid or invalid, including, but not limited to, any charter, provision, ordinance, resolution, rule, regulation, or written policies; (5) the exercise of discretion or judgment by the governmental entity or employee or the performance or failure to perform any act or service which is in the discretion or judgment of the governmental entity or employee; (6) civil disobedience, riot, insurrection, or rebellion or the failure to provide the method of providing police or fire protection; (7) a nuisance; (8) snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather conditions unless the snow or ice thereon is affirmatively caused by a negligent act of the employee; (9) entry upon any property where the entry is expressly or impliedly authorized by law; (10) natural conditions of unimproved property of the governmental entity, unless the defect or condition causing a loss is not corrected by the particular governmental entity responsible for the property within a reasonable time after actual or constructive notice of the defect or condition; (11) assessment or collection of taxes or special assessments or enforcement of tax laws; (12) licensing powers or functions including, but not limited to, the issuance, denial, suspension, renewal, or revocation of or failure or refusal to issue, deny, suspend, renew, or revoke any permit, license, certificate, approval, registration, order, or similar authority except when the power or function is exercised in a grossly negligent manner; (13) regulatory inspection powers or functions, including failure to make an inspection, or making an inadequate or negligent inspection, of any property to determine whether the property complies with or violates any law, regulation, code, or ordinance or contains a hazard to health or safety; (14) any claim covered by the South Carolina Workers' Compensation Act, except claims by or on behalf of an injured employee to recover damages from any person other than the employer, the South Carolina Unemployment Compensation Act, or the South Carolina State Employee's Grievance Act; (15) absence, condition, or malfunction of any sign, signal, warning device, illumination device, guardrail, or median barrier unless the absence, condition, or malfunction is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice. Governmental entities are not liable for the removal or destruction of signs, signals, warning devices, guardrails, or median barriers by third parties except on failure of the political subdivision to correct them within a reasonable time after actual or constructive notice. Nothing in this item gives rise to liability arising from a failure of any governmental entity to initially place any of the above signs, signals, warning devices, guardrails, or median barriers when the failure is the result of a discretionary act of the governmental entity. The signs, signals, warning devices, guardrails, or median barriers referred to in this item are those used in connection with hazards normally connected with the use of public ways and do not apply to the duty to warn of special conditions such as excavations, dredging, or public way construction. Governmental entities are not liable for the design of highways and other public ways. Governmental entities are not liable for loss on public ways under construction when the entity is protected by an indemnity bond. Governmental entities responsible for maintaining highways, roads, streets, causeways, bridges, or other public ways are not liable for loss arising out of a defect or a condition in, on, under, or overhanging a highway, road, street, causeway, bridge, or other public way caused by a third party unless the defect or condition is not corrected by the particular governmental entity responsible for the maintenance within a reasonable time after actual or constructive notice; (16) maintenance, security, or supervision of any public property, intended or permitted to be used as a park, playground, or open area for recreational purposes, unless the defect or condition causing a loss is not corrected by the particular governmental entity responsible for maintenance, security, or supervision within a reasonable time after actual notice of the defect or condition; (17) employee conduct outside the scope of his official duties or which constitutes actual fraud, actual malice, intent to harm, or a crime involving moral turpitude; (18) imposition or establishment of a quarantine by a governmental entity, whether the quarantine relates to persons or property; (19) emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular accidents; (20) an act or omission of a person other than an employee including but not limited to the criminal actions of third persons; (21) the decision to or implementation of release, discharge, parole, or furlough of any persons in the custody of any governmental entity, including but not limited to a prisoner, inmate, juvenile, patient, or client or the escape of these persons; (22) termination or reduction of benefits under a public assistance program; (23) institution or prosecution of any judicial or administrative proceeding; (24) holding or conduct of elections; (25) responsibility or duty including but not limited to supervision, protection, control, confinement, or custody of any student, patient, prisoner, inmate, or client of any governmental entity, except when the responsibility or duty is exercised in a grossly negligent manner; (26) failure to supervise or control areas open for public hunting or activities thereon. Failure to control, maintain, and/or supervise the use of and activities in, on, and around public boat ramps except within a reasonable time after actual notice of the defect or condition. Failure to maintain navigational markers, except within a reasonable time after actual notice of the defect or condition. (27) solicitations on streets and highways as authorized by the provisions of Section 5-27-910. (28) Notification of any public school student's parent, legal guardian, or other person with whom a public school student resides of the student's suspected use of alcohol, controlled substance, prescription or nonprescription drugs by any public school administrator, principal, counselor, or teacher if such notification is made in good faith. (29) acts or omissions of members of the state and county athletic commissions or ringside physicians acting within the scope of their official duties pursuant to Chapter 7 of Title 52. (30) acts or omissions of members of local foster care review boards acting within the scope of their official duties pursuant to Subarticle 4, Article 13, Chapter 7 of Title 20. However, the member shall act in good faith, his conduct may not constitute gross negligence, recklessness, wilfulness, or wantonness, and he must have participated in a training program established by the state foster care review board system. (31) acts or omissions of employees and volunteers of the South Carolina Protection and Advocacy System for the Handicapped acting within the scope of their official duties pursuant to Article 5, Chapter 33 of Title 43, when such acts or omissions are done or made in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness. (32) a pre-occupancy housing inspection contracted for by the South Carolina Department of Employment and Workforce pursuant to Section 46-43-40. (33) the performance of any duty related to the service of members of the Judicial Merit Selection Commission or the Citizens Committees on Judicial Selection. (34) the performance of any duty related to the service of the members of the Tobacco Community Development Board. (35) the failure of a library's or media arts center's governing board to adopt policies as provided in Section 10-1-205. (36) acts or omissions by a special state constable who is appointed pursuant to Section 23-7-10 and acting within the scope of his official duty under conditions of a national emergency or of a serious and immediate risk to the physical security of an energy facility within the special state constable's jurisdiction as provided in Section 23-7-40. (37) the performance of any duty related to the service of the members of the Tobacco Settlement Revenue Management authority. (38) conduct of a director appointed pursuant to Section 58-31-20 giving rise to a lawsuit under Section 58-31-57. (39) the grant or denial by a governing body of a county or municipality as provided in Section 23-35-175 of an application to extend a Fireworks Prohibited Zone beyond the subject property for which a Discharge of Fireworks Prohibited Agreement has been filed. (40) an injury a student may sustain as a result of self-monitoring or self-administering medications or for an injury that a student may sustain from taking or using medications or self-monitoring devices for which the student does not have a prescription or does not have authorization by the school district. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, SECTION 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate. Editor's Note Section 46-43-40 referenced in item (32) was repealed by 2012 Act No. 207. Effect of Amendment The first 2005 amendment added item (39) relating to applications to extend Fireworks Prohibited Zones. The second 2005 amendment added item (40) relating to self-monitored or self-administered medications. The third 2005 amendment added item (38).
S.C. Code Ann. § 15-51-10 — SC Code / Title 15 / Chapter 51 / Article 1 / Section 15-51-10
SECTION 15-51-10. Civil action for wrongful act causing death.
Status: in_force

Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
S.C. Code Ann. § 15-43-130 — SC Code / Title 15 / Chapter 43 / Section 15-43-130
SECTION 15-43-130. Establishment of existence of nuisance in criminal proceeding.
Status: in_force

In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction the county attorney or solicitor of the district shall proceed promptly under this chapter to enforce the provisions and penalties hereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance.
S.C. Code Ann. § 15-39-780 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-780
SECTION 15-39-780. Sale by debtor of property subject to levy and sale; proceeds shall be paid over to sheriff.
Status: in_force

The entire proceeds of a sale of property subject to levy and sale made by the judgment debtors are to be paid over by such judgment debtors to the sheriff in whose office such judgments, executions or decrees are lodged, to be applied by the sheriff towards the satisfaction of such judgments, executions or decrees.
S.C. Code Ann. § 15-48-40 — SC Code / Title 15 / Chapter 48 / Section 15-48-40
SECTION 15-48-40. Majority action by arbitrators.
Status: in_force

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.
S.C. Code Ann. § 15-35-530 — SC Code / Title 15 / Chapter 35 / Article 5 / Section 15-35-530
SECTION 15-35-530. Judgment roll.
Status: in_force

Unless the party or his attorney shall furnish a judgment roll the clerk, immediately after entering the judgment, shall attach together and file the following papers, which shall constitute the judgment roll: (1) In case the complaint be not answered by any defendant, the summons and complaint or copies thereof, proof of service and that no answer has been received, the report, if any, and a copy of the judgment; and (2) In all other cases, the summons, pleadings or copies thereof and a copy of the judgment, with any verdict or report, the offer of the defendant, exceptions, case and all orders and papers in any way involving the merits and necessarily affecting the judgment.
S.C. Code Ann. § 15-29-70 — SC Code / Title 15 / Chapter 29 / Section 15-29-70
SECTION 15-29-70. Probate notices or citations which need not be published in newspaper.
Status: in_force

It shall not be necessary to publish in any newspaper any notice or citation relating to any estate in the courts of probate when the value of such estate does not exceed five hundred dollars. In such cases the notices required by law shall be posted for the time required by law at the door of the courthouse of the county in which the probate proceeding is filed.
S.C. Code Ann. § 15-35-930 — SC Code / Title 15 / Chapter 35 / Article 11 / Section 15-35-930
SECTION 15-35-930. Notice of filing; service and proof of service of notice.
Status: in_force

(A) Promptly upon the filing of a foreign judgment and affidavit, the judgment creditor shall serve the notice of filing provided for in subsection (B) on the judgment debtor and shall attach a filed, stamped copy of the foreign judgment and affidavit to the notice. Service and proof of service of the notice may be made in any manner provided for in the South Carolina Rules of Civil Procedure. (B) The notice must set forth the name and address of the judgment creditor, his attorney if any, and the clerk's office in which the foreign judgment is filed in this State and must state that the judgment attached to the notice has been filed in that office, that the judgment debtor has thirty days from the date of receipt of the notice to seek relief from the enforcement of the judgment, and that if the judgment is not satisfied and no relief is sought within that thirty days, the judgment will be enforced in this State in the same manner as a judgment of this State.
S.C. Code Ann. § 15-9-285 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-285
SECTION 15-9-285. Service on unauthorized insurer through service on Chief Insurance Commissioner.
Status: in_force

(a) The issuance and delivery of a policy of insurance or contract of insurance or indemnity to any person in this State or the collection of a premium thereon by an insurer not licensed in this State, as required, irrevocably constitutes the Chief Insurance Commissioner, and his successors in office, the true and lawful attorney in fact upon whom service of any and all processes, pleadings, actions, or suits arising out of the policy or contract in behalf of the insured may be made. (b) Service of process in the action is made by delivering to and leaving with the Chief Insurance Commissioner or some person in apparent charge of his office two copies of it and by payment to the Chief Insurance Commissioner of a fee of ten dollars, of which five dollars must be retained by the Chief Insurance Commissioner to offset the costs he incurs in service of process and of which five dollars must be deposited to the credit of the general fund of the State. (c) The Chief Insurance Commissioner shall immediately mail by registered mail one of the copies of the process to the defendant at its last known principal place of business and shall keep a record of all process serviced upon him. The service of process is sufficient if: (1) Notice of the service and a copy of the process are sent within ten days thereafter by registered mail by the plaintiff's attorney to the defendant at its last known principal place of business; and (2) The defendant's receipt or a receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing compliance herewith are filed with the clerk of court in which the action is pending by the date the defendant is required to appear or within such further time as the court may allow. (d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso under this section until the expiration of thirty days from the date of filing of the affidavit of compliance. (e) Nothing in this section limits or abridges the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law.
S.C. Code Ann. § 15-1-50 — SC Code / Title 15 / Chapter 1 / Section 15-1-50
SECTION 15-1-50. "Property" defined.
Status: in_force

The word "property," as used in this Title, includes both real and personal property.
S.C. Code Ann. § 15-78-150 — SC Code / Title 15 / Chapter 78 / Section 15-78-150
SECTION 15-78-150. Authority of State Fiscal Accountability Authority to purchase liability insurance; funding of purchase by participating governmental entities; premiums set according to risk; development of actuarial rating system plan.
Status: in_force

(a) The State Fiscal Accountability Authority is authorized to purchase liability insurance. (b) The purchase of insurance must be funded by participating governmental entities by payment of premiums as required by the State Fiscal Accountability Authority. The State Fiscal Accountability Authority in setting these premiums shall rate the policy according to the risk involved with the general class of insured entity. The State Fiscal Accountability Authority must develop an actuarial rating system plan based upon the classification of employee and the risk involved by class of employee which must be implemented by July 1, 1990. 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. § 15-19-20 — SC Code / Title 15 / Chapter 19 / Article 1 / Section 15-19-20
SECTION 15-19-20. Attachment in libel and slander actions against nonresidents or foreign corporations.
Status: in_force

Any and all attachments issued, made or levied in any of the courts of this State of the property, goods or credits of any nonresident of this State or of any foreign corporation in actions for libel and slander, if otherwise good and valid, shall stand as if the suit had been brought upon any other cause of action mentioned in SECTION 15-19-10 or otherwise provided by the law.
S.C. Code Ann. § 15-9-740 — SC Code / Title 15 / Chapter 9 / Article 5 / Section 15-9-740
SECTION 15-9-740. Publication and mailing of summons.
Status: in_force

The order of publication shall direct the publication to be made in one newspaper, to be designated by the officer before whom the application is made, most likely to give notice to the person to be served and for such length of time as may be deemed reasonable not less than once a week for three weeks. The court, judge, clerk, master or judge of probate shall also direct that a copy of the summons be forthwith deposited in the post office directed to the person to be served at his place of residence, unless it appears that such residence is neither known to the party making the application nor can, with reasonable diligence, be ascertained by him. In case of minors, persons imprisoned outside of this State, lunatics confined outside of this State or in like cases, a similar order shall be made and like proceedings be had as in case of adults not under disabilities. In all cases in which publication is made the complaint must first be filed and the summons, as published, must state the time and place of such filing. When service is made by publication the ten days' notice of application for judgment to be made at chambers as required in contested cases of certain kinds as provided by law may be inserted in the first or any subsequent publication mailed to the last known residence of the defendant. In case of publication of summons upon a minor under SECTION 15-9-480, or on a person non compos mentis under SECTION 15-9-490 when an order nisi has been passed and filed appointing a guardian ad litem it shall be sufficient publication of such order to publish with the summons, and it shall be a sufficient service of such order out of the State to serve with the summons, a notice giving the name and address of the guardian, the date when the appointment becomes absolute and the office in which the order is filed. Code Commissioner's Note At the direction of the Code Commissioner, "as provided by law" was substituted for "by SECTION 15-27-30" in the second sentence of the second paragraph.
S.C. Code Ann. § 15-3-555 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-555
SECTION 15-3-555. Statute of limitations for action based on sexual abuse or incest.
Status: in_force

(A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later. (B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date.
S.C. Code Ann. § 15-39-50 — SC Code / Title 15 / Chapter 39 / Article 1 / Section 15-39-50
SECTION 15-39-50. Execution against the person.
Status: in_force

If the action be one in which the defendant might have been arrested, as provided in SECTION 15-17-20, an execution against the person of the judgment debtor may be issued to any county within the jurisdiction of the court after the return of an execution against his property unsatisfied in whole or in part. But no execution shall issue against the person of a judgment debtor unless an order of arrest has been served, as in this Code provided, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by SECTION 15-17-20.
S.C. Code Ann. § 15-39-370 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-370
SECTION 15-39-370. Witnesses may be required to testify.
Status: in_force

Witnesses may be required to appear and testify on any proceedings under this article in the same manner as upon the trial of an issue.
S.C. Code Ann. § 15-65-90 — SC Code / Title 15 / Chapter 65 / Section 15-65-90
SECTION 15-65-90. Charging costs and ascertaining damages if receiver is improperly appointed.
Status: in_force

Whenever a receiver shall have been appointed of any property against the opposition of any party to the cause and shall have taken possession of the property and thereafter by any final adjudication such receiver shall be held to have been improperly appointed, the costs, charges and expenses of such receivership shall not be charges upon the property as a whole but only upon the interests therein of the party procuring the appointment. And any party to the cause having opposed such receivership may apply to the court after final adjudication, as aforesaid, and have it referred to a master, referee or jury, as the practice in the case presented may be proper, to have his actual damages by reason of such receivership ascertained and assessed and for judgment therefor against the party or parties having procured such receiver.
S.C. Code Ann. § 15-3-350 — SC Code / Title 15 / Chapter 3 / Article 3 / Section 15-3-350
SECTION 15-3-350. Action founded on title or for rents or services.
Status: in_force

No cause of action or defense to an action founded upon a title to real property or to rents or services out of the same shall be effectual unless it appear that the person prosecuting the action or making the defense or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor or grantor of such person, was seized or possessed of the premises in question within ten years before the committing of the act in respect to which such action is prosecuted or defense made.
S.C. Code Ann. § 15-35-540 — SC Code / Title 15 / Chapter 35 / Article 5 / Section 15-35-540
SECTION 15-35-540. Docketing transcript with clerks of other courts; effect thereof.
Status: in_force

A transcript of a final judgment of any court of record of this State or of any district or circuit court of the United States within this State directing in whole or in part the payment of money, may be docketed with the clerk of the court of common pleas in any county and when so docketed shall be entered upon the book of abstracts and duly indexed and shall have the same force and effect as a judgment of that court. Any such transcript shall set out the names of the parties, plaintiff and defendant, the attorneys of record, the date and amount of the judgment, the time from which interest is to be computed and the amount of costs.
S.C. Code Ann. § 15-35-180 — SC Code / Title 15 / Chapter 35 / Article 1 / Section 15-35-180
SECTION 15-35-180. Enforcement of judgments.
Status: in_force

When a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution as provided in this Title. When it requires the performance of any other act a certified copy of the judgment may be served upon the party against whom it is given or the person or officer who is required thereby or by law to obey it and his obedience thereto enforced. If he refuse he may be punished by the court as for contempt.
S.C. Code Ann. § 15-78-10 — SC Code / Title 15 / Chapter 78 / Section 15-78-10
SECTION 15-78-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Tort Claims Act".
S.C. Code Ann. § 15-39-640 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-640
SECTION 15-39-640. Sheriff shall make judicial sales; fees.
Status: in_force

All judicial sales shall be made by the sheriff, unless otherwise provided by law. In all such sales made by him his fees shall be such as are allowed by law on sales under executions issuing from the court of common pleas.
S.C. Code Ann. § 15-39-330 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-330
SECTION 15-39-330. Examination of witnesses and debtor.
Status: in_force

On an examination under SECTIONS 15-39-310 and 15-39-320 either party may examine witnesses in his behalf, and the judgment debtor may be examined in the same manner as a witness. No person shall on examination, pursuant to this article, be excused from answering any questions on the ground that his examination will tend to convict him of the commission of a fraud. But his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Nor shall he be excused from answering any question on the ground that he has before the examination executed any conveyance, assignment or transfer of his property for any purpose. But his answer shall not be used as evidence against him in any criminal proceeding or prosecution.
S.C. Code Ann. § 15-17-560 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-560
SECTION 15-17-560. Creditors allowed to examine applicants for discharge; penalty for refusal to answer.
Status: in_force

Any creditor of any person applying for the benefit of this article, either in person or by attorney, may examine and cross-examine such applicant on oath in the presence of the judge or the clerk of the court before whom he shall move for his discharge from imprisonment, touching the truth of his schedule and touching the nature and extent of his property, rights and credits liable to be assigned for the benefit of his creditors. And the refusal of any such applicant to answer, fully and directly, all or any proper questions put to him in the course of such examination shall prevent his discharge, if otherwise entitled thereto, until he shall have fully answered such questions.
S.C. Code Ann. § 15-39-740 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-740
SECTION 15-39-740. Deposits by bidders.
Status: in_force

In no decree of sale or order thereunder shall there be a requirement for a deposit of cash or other guaranty of good faith prior to the conclusion of the bidding at any judicial sale of real estate, and such deposit or guaranty as may be required at the conclusion of the bidding and of any person who thereafter raises the bid within the period mentioned in SECTIONS 15-39-720 and 15-39-730 shall be five per cent of the bid or some lesser percentage thereof.
S.C. Code Ann. § 15-19-340 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-340
SECTION 15-19-340. Motion by owner to discharge attachment.
Status: in_force

In all cases the defendant or any person who establishes a right to the property attached may move to discharge the attachment.
S.C. Code Ann. § 15-19-110 — SC Code / Title 15 / Chapter 19 / Article 1 / Section 15-19-110
SECTION 15-19-110. Issuance and form of attachment.
Status: in_force

When the affidavit and bond are filed with the clerk of court of any county of this State or with a magistrate, when the amount involved is within his jurisdiction, he shall issue his warrant of attachment in the following form: State of South Carolina __________ County. Attachment. To all and singular the sheriffs and constables of said State and county: You are hereby commanded to attach and seize __________ or so much of the property of __________ as will make the sum of __________ dollars and all costs, to serve such summons as may be placed in your hands and to make return of this attachment, with your actings and doings entered thereon, to this court. Hereof fail not. Witness my hand and seal this __________ day of __________ 19___
S.C. Code Ann. § 15-7-110 — SC Code / Title 15 / Chapter 7 / Section 15-7-110
SECTION 15-7-110. Procedure for changing place of trial when fair and impartial trial cannot be had in county.
Status: in_force

When the ground for a change of place of trial in a circuit court in a case in which such court has original jurisdiction is that a fair and impartial trial cannot be had in the county in which such action was commenced the application for removal must be made by some party interested to the judge sitting in regular term. Such application must be supported by an affidavit that a fair and impartial trial cannot be had in such county. Four days' notice of such application shall be given to the adverse party, but such adverse party shall have the right to waive such notice. The circuit judge shall have the power, upon application made to him by either party and upon proper cause shown, to shorten or extend the time for the hearing of such application. If a change is ordered it shall be to a county in the same judicial circuit, and the judge shall order the record to be removed to such county.
S.C. Code Ann. § 15-17-10 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-10
SECTION 15-17-10. Person shall not be arrested in civil action except as prescribed.
Status: in_force

No person shall be arrested in a civil action except as prescribed by this Code. But this shall not apply to proceedings for contempt.
S.C. Code Ann. § 15-67-210 — SC Code / Title 15 / Chapter 67 / Article 3 / Section 15-67-210
SECTION 15-67-210. Presumption of possession; when occupation deemed under legal title.
Status: in_force

In every action for the recovery of real property or the possession thereof the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law. The occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title unless it appear that such premises have been held and possessed adversely to such legal title for ten years before the commencement of such action.
S.C. Code Ann. § 15-81-140 — SC Code / Title 15 / Chapter 81 / Section 15-81-140
SECTION 15-81-140. Limitation of cumulative successor asbestos-related liabilities of corporation.
Status: in_force

(A) Except as further limited in subsection (B), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation is not responsible for successor asbestos-related liabilities in excess of this limitation. (B) If the transferor assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, will be substituted for the limitation provided in subsection (A) for purposes of determining the limitation of liability of a corporation.
S.C. Code Ann. § 15-39-450 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-450
SECTION 15-39-450. Filing and effect of order appointing receiver.
Status: in_force

Whenever the judge shall grant an order for the appointment of a receiver of the property of the judgment debtor the order shall be filed in the office of the clerk of the court of common pleas of the county in which the judgment roll in the action or the transcript from the magistrate's judgment upon which the proceedings are taken is filed. The clerk shall record the order in a book, to be kept for that purpose in his office to be called "book of orders appointing receivers of judgment debtors" and shall note the time of the filing of such order therein. A certified copy of the order shall be delivered to the receiver named therein, and he shall be vested with the property and effects of the judgment debtor from the time of the filing and recording of the order as aforesaid. The receiver of the judgment debtor shall be subject to the direction and control of the court in which the judgment was obtained or docketed upon which the proceedings are founded. A certified copy of the order shall also be filed and recorded in the office of the register of deeds of the county in which any real estate of such judgment debtor sought to be affected by such order is situated and also in the office of the register of deeds of the county in which such judgment debtor resides.
S.C. Code Ann. § 15-39-800 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-800
SECTION 15-39-800. Sale by debtor of property subject to levy and sale; proceedings if judgment creditors object to sale.
Status: in_force

Should any of the judgment creditors object to the price at which any of the property may have been sold and file such notice with the sheriff within the time mentioned in SECTION 15-39-790 the sheriff shall immediately proceed to levy upon and offer for sale such property, proceeding, in all respects, according to the law in regard to levy and sale by the sheriff. If the highest bid made for such property upon such sale shall not be more than the amount of the indebtedness which had been cancelled by the sale made by the debtor the sheriff shall withdraw such property from sale, and the creditor who may have filed his objection shall be required to pay all costs and expenses that accrued in consequence thereof.
S.C. Code Ann. § 15-77-20 — SC Code / Title 15 / Chapter 77 / Article 1 / Section 15-77-20
SECTION 15-77-20. Suits affecting obligations of the State.
Status: in_force

No suit shall be filed nor shall any pending suit be prosecuted in any court of this State affecting the issuance or sale of any state security, certificate of indebtedness or bond the intent or effect of which is to prevent, delay or affect the sale or other disposition thereof or which would have this effect unless and until the plaintiff in such action shall make application to the circuit judge presiding in the circuit in which the action is brought or, if there be no judge presiding, then to the resident judge of such circuit or to the Chief Justice of the Supreme Court, if the action be brought in the original jurisdiction thereof, or if he be disabled or disqualified to an associate justice, for leave to bring or prosecute such action and shall convince such judge or justice of the merit in such action or proceeding. Such suit shall not then be filed or prosecuted unless and until the plaintiff shall file in such court a bond in such amount as will adequately protect the State against loss, damage, injury and costs in an amount of not less than twenty-five thousand dollars, subscribed by a duly licensed surety company or secured by the deposit of a like amount in cash, conditioned to pay all loss, damage, injury and costs, including attorney's fees, which the State may sustain in any such action. And before any such action shall be commenced at least ten days' notice thereof, together with a copy of the proposed complaint, shall be given to the Governor and the State Treasurer, so as to afford them an opportunity to appear before the judge or justice in opposition to the filing of the suit and to be heard upon the amount of the bond to be required.
S.C. Code Ann. § 15-9-240 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-240
SECTION 15-9-240. Service of process on authorized foreign corporation.
Status: in_force

(a) The registered agent of a foreign business or nonprofit corporation authorized to transact business in this State is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation. (b) A foreign business or nonprofit corporation may be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by registered or certified mail, return receipt requested, addressed to the office of the registered agent, or office of the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or in its most recent annual report. Service is effective upon the date of delivery as shown on the return receipt. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8). (c) If the foreign business or nonprofit corporation: (1) has no registered agent or its registered agent cannot be served with reasonable diligence by other means authorized by rule or statute, other than under Section 15-9-710 service by publication; (2) has withdrawn from transacting business in this State as provided by law; or (3) has had its certificate of authority revoked as provided by law, and such appears by affidavit, the court or judge, the clerk of court of common pleas, or the master may grant an order that the corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the corporation at its principal office. The summons shall state the date it was mailed under this subsection and that service is perfected five days after its deposit in the United States mail. (d) Service is perfected under subsection (c) five days after its deposit in the United States mail, as evidenced by the postmark, or other evidence of the date the summons and complaint was mailed pursuant to this subsection, if mailed postpaid and correctly addressed to the address of the company's principal office which is listed on the filed annual report of a business corporation or listed on the last filed notice of change of principal office for a nonprofit corporation (or in its application for certificate of authority if no annual report or notice of change of principal office has ever been filed). (e) This section does not prescribe the only means, or necessarily the required means, of serving a foreign business or nonprofit corporation.
S.C. Code Ann. § 15-73-20 — SC Code / Title 15 / Chapter 73 / Section 15-73-20
SECTION 15-73-20. Situation in which recovery shall be barred.
Status: in_force

If the user or consumer discovers the defect and is aware of the danger, and nevertheless proceeds unreasonably to make use of the product and is injured by it, he is barred from recovery.
S.C. Code Ann. § 15-17-790 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-790
SECTION 15-17-790. Proceedings on judgment against sheriff or constable.
Status: in_force

If a judgment be recovered against the sheriff or constable upon his liability as bail and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on the official bond of the sheriff or constable to collect the deficiency as in other cases of delinquency.
S.C. Code Ann. § 15-19-380 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-380
SECTION 15-19-380. Proceedings by plaintiff instead of sheriff or constable.
Status: in_force

The actions authorized in this article to be brought by the sheriff or constable may be prosecuted by the plaintiff or under his direction, upon the delivery by him to the sheriff or constable of an undertaking executed by two sufficient sureties, to the effect that the plaintiff will indemnify the sheriff or constable from all damages, costs and expenses on account thereof not exceeding two hundred and fifty dollars in any one action. Such sureties shall, in all cases when required by the sheriff or constable, justify by making an affidavit that each is a householder and worth double the amount of the penalty of the bond, over and above all demands and liabilities.
S.C. Code Ann. § 15-39-610 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-610
SECTION 15-39-610. Property taken under execution shall be sold.
Status: in_force

When any sheriff or other officer shall take the lands, tenements, goods and chattels of any person whatsoever by virtue of any execution and the owner of such lands, tenements, goods and chattels shall not, within five days after such taking, satisfy the debt, damages and costs of the party issuing such execution, such sheriff or officer shall and may sell, by auction, the lands, tenements, goods and chattels so taken or so much thereof as shall be sufficient to satisfy the judgment for the best price that can be got for them.
S.C. Code Ann. § 15-9-330 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-330
SECTION 15-9-330. Service on unincorporated associations.
Status: in_force

Process served on any agent of any unincorporated association doing business in this State under the name and style by which it is usually known shall be sufficient to make such association a party in any court of record in the county in which such agent may be served.
S.C. Code Ann. § 15-9-390 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-390
SECTION 15-9-390. Service on nonresident operators of aircraft.
Status: in_force

Service of process upon the Secretary of Commerce, as agent of the nonresident operator of any aircraft which has set down in South Carolina, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Secretary of Commerce or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Secretary of Commerce or his designee to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Secretary of Commerce or his designee shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Secretary of Commerce or his designee, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff.
S.C. Code Ann. § 15-69-160 — SC Code / Title 15 / Chapter 69 / Section 15-69-160
SECTION 15-69-160. Justification of defendant's sureties.
Status: in_force

The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify before a judge, clerk of court or magistrate in the same manner as upon bail on arrest. Upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant's sureties until they justify or until justification is completed or expressly waived and may retain the property until that time. But if they, or others in their place, fail to justify at the time and place appointed he shall deliver the property to the plaintiff.
S.C. Code Ann. § 15-3-530 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-530
SECTION 15-3-530. Three years.
Status: in_force

Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520; (2) an action upon a liability created by statute other than a penalty or forfeiture; (3) an action for trespass upon or damage to real property; (4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property; (5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; (6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought; (7) any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (8) an action on any policy of insurance, either fire or life, whereby any person or property, resident or situate in this State, may be or may have been insured, or for or on account of any loss arising under the policy, any clause, condition, or limitation contained in the policy to the contrary notwithstanding; and (9) an action against directors or stockholders of a monied corporation or a banking association to recover a penalty or forfeiture imposed or to enforce a liability created by law, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached or the liability was created, unless otherwise provided in the law under which the corporation is organized. Editor's Note The limitations period was reduced from 6 to 3 years in 1988.
S.C. Code Ann. § 15-19-230 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-230
SECTION 15-19-230. Duty of officer to whom warrant is delivered.
Status: in_force

The sheriff or constable to whom such warrant is directed and delivered shall immediately attach all the real estate of the debtor and all his personal estate, including money and bank notes, except such real and personal estate as is exempt from attachment, levy or sale by the Constitution, and shall take into his custody all books of account, vouchers and papers relating to the property, debts, credits and effects of the debtor, together with all evidences of his title to real estate, all of which he shall safely keep, to be disposed of as directed in this article.
S.C. Code Ann. § 15-17-30 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-30
SECTION 15-17-30. Females shall be arrested only in certain cases.
Status: in_force

No female shall be arrested in any civil action except for a wilful injury to persons, character or property.
S.C. Code Ann. § 15-69-40 — SC Code / Title 15 / Chapter 69 / Section 15-69-40
SECTION 15-69-40. Notice of right to preseizure hearing.
Status: in_force

The plaintiff shall attach to the affidavit a notice of a right to a preseizure hearing which shall notify the defendant that within five days from service thereof, he may demand such hearing by notifying the clerk of court in writing and present such evidence touching upon the probable validity of the plaintiff's claim for immediate possession, and defendant's right to continue in possession.
S.C. Code Ann. § 15-17-20 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-20
SECTION 15-17-20. Arrest in civil actions permitted in certain cases.
Status: in_force

The defendant may be arrested, as prescribed in this article, in the following cases: (1) In an action for money received or property embezzled or fraudulently misapplied by a public officer, an attorney, solicitor or counsellor, an officer or agent of a corporation or banking association in the course of his employment as such or a factor, agent, broker or other person in a fiduciary capacity or in an action for any misconduct or neglect in office or in a professional employment; (2) In an action to recover the possession of personal property fraudulently detained or when property has been fraudulently concealed, removed or disposed of so that it cannot be found or taken by the sheriff or constable and with intent that it should not be so found or taken or with intent to deprive the plaintiff of the benefit thereof; (3) When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit; (4) When the defendant has removed or disposed of his property or is about to do so with intent to defraud his creditors; (5) Whenever a person domiciled in this State, indebted by bond, note or otherwise, is about to remove or abscond from the limits of this State and the debt is not yet due but payable at some future date, the obligee, payee or holder of such demand, or his assignee or endorsee, as the case may be, upon swearing (a) that such person is indebted to him, (b) that the demand is just and owing but not yet due, (c) that the debtor is about to abscond or remove without the limits of this State and (d) that such creditor was not aware that the debtor had any intention to remove from the State at the time when the original contract was made or at the time of such assignment or endorsement, as the case may be, May commence an action by issuing a summons and complaint and shall have power to arrest and hold to bail in such manner as is prescribed in this chapter in cases of debts actually due; and (6) In an action for the recovery of damages in a cause of action not arising out of contract when the defendant is a nonresident of the State or is about to remove therefrom or when the action is for an injury to person or character or for injury to or for wrongfully taking, detaining or converting property.
S.C. Code Ann. § 15-37-90 — SC Code / Title 15 / Chapter 37 / Section 15-37-90
SECTION 15-37-90. Costs on motion.
Status: in_force

Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding ten dollars, and may be absolute or directed to abide the event of the action.
S.C. Code Ann. § 15-49-40 — SC Code / Title 15 / Chapter 49 / Section 15-49-40
SECTION 15-49-40. Use of new name in legal proceedings; effect on pending proceedings.
Status: in_force

The person so changing his name may thereafter sue and be sued, plead and be impleaded by his new name and no other. When an action shall be pending at the time of such change of name it shall not abate by the party's name being changed, but the record on motion shall be amended by expunging the old name and inserting the new name of the party.
S.C. Code Ann. § 15-37-30 — SC Code / Title 15 / Chapter 37 / Section 15-37-30
SECTION 15-37-30. Interest from time of verdict or report.
Status: in_force

When the judgment is for the recovery of money, interest from the time of the verdict or report until judgment be finally entered shall be computed by the clerk and added to the costs of the party entitled thereto.
S.C. Code Ann. § 15-61-320 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-320
SECTION 15-61-320. Definitions.
Status: in_force

As used in this article: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this State, but who is not the other individual's ascendant or descendant. (3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual. (4) "Determination of value" means a court order determining the fair market value of heirs' property under Section 15-61-360 or Section 15-61-400 or adopting the valuation of the property agreed to by all cotenants. (5) "Heirs' property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action: (a) there is no agreement in a record binding all of the cotenants that governs the partition of the property; (b) one or more of the cotenants acquired title from a relative, whether living or deceased; and (c) any of the following applies: (i) twenty percent or more of the interests are held by cotenants who are relatives; (ii) twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) twenty percent or more of the cotenants are relatives. (6) "Manifest prejudice" or "Manifest injury" means a result that is obviously unfair or shocking to the conscience and is direct, obvious, and observable when considering the factors under Section 15-61-390(A). (7) "Partition by allotment" means a court-ordered partition of the heirs' property where ownership to all or a portion of the heirs' property is granted to one or more cotenants proportionate in value to their interests in the entire heirs' property parcel, with adjustments being made for payment to compensate other cotenants for the value of their respective interests in the heirs' property. (8) "Partition by sale" means a court-ordered sale of the entire heirs' property, whether by auction, sealed bids, or open-market sale, conducted under Section 15-61-400. (9) "Partition in kind" means the division of heirs' property into physically distinct and separately titled parcels. (10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11) "Relative" means an ascendant, descendant, or collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or law of this State other than this article, and for purposes of this article, who owned or owns an interest in the heirs' property. (12) "Time computed" means computation of time as prescribed by this section, which shall be governed by Rule 6, South Carolina Rules of Civil Procedure, so that when the period of time prescribed or allowed is seven days or less, intermediate Saturdays, Sundays, and holidays are excluded in the computation. 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. § 15-39-430 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-430
SECTION 15-39-430. Judge may appoint receiver.
Status: in_force

The judge may also, by order, appoint a receiver of the property of the judgment debtor in the same manner and with the like authority as if appointment was made by the court, according to SECTION 15-65-10. But before the appointment of such receiver the judge shall ascertain, if practicable, by the oath of the party or otherwise, whether any other supplementary proceedings are pending against the judgment debtor, and if such proceedings are so pending the plaintiff therein shall have notice to appear before him and shall likewise have notice of all subsequent proceedings in relation to such receivership. No more than one receiver of the property of a judgment debtor shall be appointed.
S.C. Code Ann. § 15-29-10 — SC Code / Title 15 / Chapter 29 / Section 15-29-10
SECTION 15-29-10. Computing time for publication of notices.
Status: in_force

The time for publication of legal notices shall be computed so as to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication.
S.C. Code Ann. § 15-47-160 — SC Code / Title 15 / Chapter 47 / Section 15-47-160
SECTION 15-47-160. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. 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. § 15-63-210 — SC Code / Title 15 / Chapter 63 / Section 15-63-210
SECTION 15-63-210. Entry of judgment relating to letters patent; disposition of realty.
Status: in_force

The Secretary of State shall, upon the filing of a copy of the judgment roll, if the record relates to letters patent, make an entry in the records of his office of the substance and effect of such judgment and of the time when the record thereof was docketed. The real property granted by such letters patent may thereafter be disposed of in the same manner as if such letters patent had never been issued.
S.C. Code Ann. § 15-78-40 — SC Code / Title 15 / Chapter 78 / Section 15-78-40
SECTION 15-78-40. Tort liability of State, agency, political subdivision, or governmental entity, generally.
Status: in_force

The State, an agency, a political subdivision, and a governmental entity are liable for their torts in the same manner and to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages, and exemptions from liability and damages, contained herein.
S.C. Code Ann. § 15-3-640 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-640
SECTION 15-3-640. Actions based upon defective or unsafe condition of improvement to real property; right to contract for guarantee of structure for extended period.
Status: in_force

No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than eight years after substantial completion of the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes: (1) an action to recover damages for breach of a contract to construct or repair an improvement to real property; (2) an action to recover damages for the negligent construction or repair of an improvement to real property; (3) an action to recover damages for personal injury, death, or damage to property; (4) an action to recover damages for economic or monetary loss; (5) an action in contract or in tort or otherwise; (6) an action for contribution or indemnification for damages sustained on account of an action described in this section; (7) an action against a surety or guarantor of a defendant described in this section; (8) an action brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest in the real property or improvement; (9) an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property. This section describes an outside limitation of eight years after the substantial completion of the improvement, within which normal statutes of limitations continue to run. A building permit for the construction of an improvement to real property must contain in bold type notice to the owner or possessor of the property of his rights under this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond eight years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of an owner or possessor to contract for extended liability under this section. Nothing in this section prohibits a person from entering into a contractual agreement prior to the substantial completion of the improvement which extends any guarantee of a structure or component being free from defective or unsafe conditions beyond eight years after substantial completion of the improvement or component. For any improvement to real property, a certificate of occupancy issued by a county or municipality, in the case of new construction or completion of a final inspection by the responsible building official in the case of improvements to existing improvements, shall constitute proof of substantial completion of the improvement under the provisions of Section 15-3-630, unless the contractor and owner, by written agreement, establish a different date of substantial completion. Editor's Note 2005 Act No. 27, SECTION 16(2), provides as follows: "Section 2 [amending this section] takes effect on July 1, 2005, and applies to improvements to real property for which certificates of occupancy are issued by a county or municipality or completion of a final inspection by the responsible local building official after the effective date;[.]" Effect of Amendment The 2005 amendment substituted "eight years" for "thirteen years" in the first three undesignated paragraphs and made nonsubstantive language changes; at the end of item (6), substituted "section" for "subdivision"; and added the fourth undesignated paragraph relating to a certificate of occupancy as proof of substantial completion of an improvement project.
S.C. Code Ann. § 15-69-20 — SC Code / Title 15 / Chapter 69 / Section 15-69-20
SECTION 15-69-20. Any one of several joint owners may sue for possession.
Status: in_force

Any one or more of several joint owners of personal property who can establish such partial ownership in such property shall have the right to institute an action in claim and delivery to recover possession of the property from any wrongful holder thereof. In such an action the co-owners of the property who do not join the plaintiff in bringing the suit may be made parties defendant.
S.C. Code Ann. § 15-50-80 — SC Code / Title 15 / Chapter 50 / Section 15-50-80
SECTION 15-50-80. Attorney guardian ad litems to advise the court.
Status: in_force

(A) The court may appoint an attorney to serve as a guardian ad litem to make an independent assessment, and to advise the court whether the proposed transfer is in the best interest of the payee, taking into consideration the factors enumerated in Section 15-50-40(B). The guardian ad litem may consult with a certified public accountant, actuary, or other licensed professional for independent professional advice, if necessary. All costs and reasonable fees for the guardian shall be borne by the transferee in an amount determined by the court. (B) The court must appoint an attorney to serve as a guardian ad litem in any case involving: (1) a proposed transfer of a minor's structured settlement payment rights by a conservator or by a parent or guardian if a conservator has not been appointed. The guardian ad litem must advise the court on whether the proposed transfer is of direct benefit to the minor; or (2) a proposed transfer of structured settlement payment rights involving a payee who appears to the court to suffer from a mental or cognitive impairment. (C) The transferee must file a motion for the appointment of an attorney to serve as a guardian ad litem prior to a hearing on the proposed transfer if the transferee is aware that: (1) the underlying structured settlement arose from a case in which a finding was made in a court record of a mental or cognitive impairment on the part of the payee; (2) a conservator or guardian has been appointed for the payee; or (3) a finding has been made in a court record, other than that of the underlying structured settlement case, of a mental or cognitive impairment on the part of the payee. (D) In conjunction with the motion filed pursuant to subsection (C), the transferee shall provide to the court, either in-camera or as directed by the court in a way to protect the privacy of the payee, any such findings known to the transferee that describe the nature, extent, or consequences of the payee's mental or cognitive impairment. (E) An attorney appointed to serve as a guardian ad litem by the court must report to the court the guardian ad litem's assessment and advice at a time determined by the court. (F) Nothing in this section affects the rights and protections of persons subject to guardianship or conservatorship under the laws of this State. 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. § 15-65-110 — SC Code / Title 15 / Chapter 65 / Section 15-65-110
SECTION 15-65-110. Deposit of money and the like in court.
Status: in_force

When it is admitted by the pleading or examination of a party that he has in his possession or under his control any money or other thing capable of delivery which, being the subject of litigation, is held by him as trustee for another party or which belongs or is due to another party, the court may order such money or other thing to be deposited in court or delivered to such party, with or without security, subject to the further direction of the court.
S.C. Code Ann. § 15-9-230 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-230
SECTION 15-9-230. Service on corporations generally; qualification as to foreign corporations.
Status: in_force

Service can be made in respect to a foreign corporation under the provisions of SECTION 15-9-210 only (a) when it has property within the State, (b) when the cause of action arose therein or (c) when such service shall be made in this State personally upon the president, cashier, treasurer, attorney, secretary or any other agent thereof.
S.C. Code Ann. § 15-9-250 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-250
SECTION 15-9-250. Service on foreign rural electric cooperatives.
Status: in_force

Service of process may be made upon the Secretary of State as agent for a foreign rural electric cooperative pursuant to his appointment as such under the provisions of SECTION 33-49-1320. In the event of such service, the Secretary of State shall forthwith forward it by registered mail to such corporation at the address specified in the instrument appointing the Secretary of State as such agent.
S.C. Code Ann. § 15-48-240 — SC Code / Title 15 / Chapter 48 / Section 15-48-240
SECTION 15-48-240. Short title.
Status: in_force

This chapter may be cited as the "Uniform Arbitration Act".
S.C. Code Ann. § 15-48-90 — SC Code / Title 15 / Chapter 48 / Section 15-48-90
SECTION 15-48-90. Award.
Status: in_force

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. (b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
S.C. Code Ann. § 15-61-380 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-380
SECTION 15-61-380. Partition in kind or by allotment.
Status: in_force

(A) If all the interests of the cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 15-61-370 or if, after conclusion of the buyout pursuant to Section 15-61-370, a cotenant remains that has requested a partition in kind or a partition by allotment, the court shall order a partition in kind or a partition by allotment, unless the court, after consideration of the factors listed in Section 15-61-390, finds that partition in kind or partition by allotment may result in manifest prejudice or manifest injury to the cotenants as a group. In considering whether to order partition in kind or partition by allotment, the court shall approve a request by two or more parties to have their individual interests aggregated. (B) If the court does not order partition in kind or partition by allotment under subsection (A), the court shall order partition by sale pursuant to Section 15-61-400 or, if no cotenant requested partition by sale, the court shall dismiss the action. (C) If the court orders partition in kind or partition by allotment pursuant to subsection (A), the court may require that one or more cotenants pay one or more of the other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind or the partition by allotment just and proportionate in value to the fractional interests held. 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. § 15-9-416 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-416
SECTION 15-9-416. Procedure when nonresident vessel operator defendant does not accept and receipt for notice sent by certified mail.
Status: in_force

If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or Executive Director, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant.
S.C. Code Ann. § 15-5-160 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-160
SECTION 15-5-160. By what name unincorporated associations may be sued.
Status: in_force

All unincorporated associations may be sued and proceeded against under the name and style by which they are usually known without naming the individual members of the association.
S.C. Code Ann. § 15-39-860 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-860
SECTION 15-39-860. Recording and indexing of execution conveyances.
Status: in_force

When any conveyance under SECTION 15-39-840 is offered to any clerk of court or register of deeds of this State for recording he shall index it under the name of the officer who made the conveyance, the name of the person whose property was executed on, as grantor, and the name of the person who purchased, as grantee.
S.C. Code Ann. § 15-9-450 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-450
SECTION 15-9-450. Service on nonresident individual fiduciaries.
Status: in_force

Service, upon any individual nonresident executor, administrator, guardian, conservator, or trustee, of any claim, demand, debt, dues, summons, or any other process, or pleading in suits or actions relating to the administration of the estate in his charge may be made upon the resident of this State appointed by such fiduciary as his agent for such purpose pursuant to the provisions of the South Carolina Probate Code or, in the event of the death, removal, resignation or absence from the State of such agent, or the inability of the person desiring to serve such agent so to do for any other reason, then upon the probate judge or the clerk of the court of common pleas of the county wherein the application of such fiduciary for appointment was made.
S.C. Code Ann. § 15-33-125 — SC Code / Title 15 / Chapter 33 / Section 15-33-125
SECTION 15-33-125. Limitations on granting of new trial.
Status: in_force

A new trial may be granted to the plaintiff on the issue of damages only and not liability when the only reasonable inference to be drawn from all the evidence, viewed in the light most favorable to the defendant, is that the plaintiff is entitled to a verdict in his favor on the issue of liability as a matter of law. Unless the plaintiff is entitled to a directed verdict on the issue of liability, any new trial must include both issues of liability and damages.
S.C. Code Ann. § 15-3-520 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-520
SECTION 15-3-520. Within twenty years.
Status: in_force

Within twenty years: (a) an action upon a bond or other contract in writing secured by a mortgage of real property; (b) an action upon a sealed instrument, other than a sealed note and personal bond for the payment of money only whereon the period of limitation is the same as prescribed in Section 15-3-530, except that a sealed contract for sale or an offer to buy or sell goods whereon the period of limitation is the same as prescribed in Section 36-2-725.
S.C. Code Ann. § 15-9-710 — SC Code / Title 15 / Chapter 9 / Article 5 / Section 15-9-710
SECTION 15-9-710. When service by publication may be had.
Status: in_force

When the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State and (a) that fact appears by affidavit to the satisfaction of the court or judge thereof, the clerk of the court of common pleas, the master, or the probate judge of the county in which the cause is pending and (b) it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real property in this State, the court, judge, clerk, master, or judge of probate may grant an order that the service be made by the publication of the summons in any one or more of the following cases: (1) when the defendant is a foreign corporation and has property within the State or the cause of action arose therein; (2) when the defendant, being a resident of this State, has departed therefrom, with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent; (3) when the defendant is a resident of this State and after a diligent search cannot be found; (4) when the defendant is not a resident of this State but has property therein and the court has jurisdiction of the subject of the action; (5) when the subject of the action is real or personal property in this State and the defendant has or claims a lien or interest, actual or contingent, therein or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein; (6) when the defendant is a party to an adoption proceeding and is either a nonresident or a person upon whom service cannot be had within the State after due diligence; (7) when the defendant is a party to a proceeding for the determination of parental rights and is either a nonresident or a person upon whom service cannot be had within the State after due diligence; and (8) when the defendant is a party to an annulment proceeding or where the subject of the matter involves the custody of minor children, support of minor children or wife, separate maintenance, or a legal separation.
S.C. Code Ann. § 15-1-310 — SC Code / Title 15 / Chapter 1 / Section 15-1-310
SECTION 15-1-310. Liability for emergency care rendered at scene of accident.
Status: in_force

Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.
S.C. Code Ann. § 15-17-720 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-720
SECTION 15-17-720. Affidavits on motion to vacate order of arrest or reduce bail.
Status: in_force

If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the motion by affidavits or other proofs in addition to those on which the order of arrest was made.
S.C. Code Ann. § 15-35-400 — SC Code / Title 15 / Chapter 35 / Article 3 / Section 15-35-400
SECTION 15-35-400. Offer of judgment; acceptance; consequences of nonacceptance; attorney's fees.
Status: in_force

(A) Offer of Judgment. Except in domestic relations actions, after commencement of any civil action based upon contract or seeking the recovery of money damages, whether or not other relief is sought, any party may, at any time more than twenty days before the actual trial date, file with the clerk of the court a written offer of judgment signed by the offeror or his attorney, directed to the opposing party, offering to take judgment in the offeror's favor, or as the case may be, to allow judgment to be taken against the offeror, for a sum stated therein, for property, or to the effect specified in the offer. The offeror shall give notice of the offer of judgment to the offeree's attorney, or if the offeree is not represented by an attorney, to the offeree himself, in accordance with the service rules for motions and other pleadings set forth in the South Carolina Rules of Civil Procedure. Within twenty days after notification, or at least ten days prior to the trial date, whichever date is earlier, the offeree or his attorney may file with the clerk of the court a written acceptance of the offer of judgment. Upon the filing, the clerk shall enter immediately judgment of the stipulation. If the offer of judgment is not accepted within twenty days after notification or prior to or on the tenth day before the actual trial date, whichever date occurs first, the offer shall be considered rejected and evidence thereof is not to be admissible except in a proceeding after the trial to fix costs, interests, attorney's fees, and other recoverable monies. Any offeror may withdraw an offer of judgment prior to its acceptance or prior to the date on which it would be considered rejected by giving notice to the offeree or his attorney in accordance with the service rules for motions and other pleadings outlined in the South Carolina Rules of Civil Procedure. Any offeror may file a subsequent offer of judgment in any amount provided that the subsequent offer supersedes any earlier offer that was rejected by the offeree or withdrawn by the offeror, and, on filing, terminates any rights of interest or costs that may have been applicable to the superseded offer. Notwithstanding this provision, an offer is not considered rejected upon the making of a counteroffer by the offeree, but shall remain effective until accepted, rejected, or withdrawn as provided in this subsection. Any and all offers of judgment and any acceptance of offers of judgment must be included by the clerk in the record of the case. (B) Consequences of NonAcceptance. If an offer of judgment is not accepted and the offeror obtains a verdict or determination at least as favorable as the rejected offer, the offeror shall be allowed to recover from the offeree: (1) any administrative, filing, or other court costs from the date of the offer until judgment; (2) if the offeror is a plaintiff, eight percent interest computed on the amount of the verdict or award from the date of the offer; or (3) if the offeror is a defendant, a reduction from the judgment or award of eight percent interest computed on the amount of the verdict or award from the date of the offer. (C) This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees or other monies in accordance with the provisions of any written contract between the parties to the action.
S.C. Code Ann. § 15-17-480 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-480
SECTION 15-17-480. Penalty for false schedules.
Status: in_force

Any person who shall deliver in a false schedule of his effects shall suffer the penalties of wilful perjury and shall be liable to be arrested again for the same action.
S.C. Code Ann. § 15-39-460 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-460
SECTION 15-39-460. Proceedings on claims of others to property or on denial of indebtedness.
Status: in_force

If it appears that a person or corporation alleged to have property of the judgment debtor or indebted to him claims an interest in the property adverse to him or denies the debt such interest or debt shall be recoverable only in an action against such person or corporation by the receiver. But the judge may, by order, forbid a transfer or other disposition of such property or interest until a sufficient opportunity be given to the receiver to commence the action and prosecute it to judgment and execution. Such order may be modified or dissolved at any time by the judge granting it on such security as he shall direct.
S.C. Code Ann. § 15-39-480 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-480
SECTION 15-39-480. Costs of proceeding.
Status: in_force

The judge may allow to the judgment creditor or to any party so examined, whether a party to the action or not, witness fees and disbursements and a fixed sum in addition, not exceeding thirty dollars, as costs.
S.C. Code Ann. § 15-19-10 — SC Code / Title 15 / Chapter 19 / Article 1 / Section 15-19-10
SECTION 15-19-10. Grounds for attachment generally.
Status: in_force

In any action: (1) For the recovery of money; (2) For the recovery of property, whether real or personal, or damages for the wrongful conversion and detention of personal property; (3) For the recovery of damages for injury done to either person or property; (4) Against a corporation created by or under the laws of any other state, government or country; (5) Against a defendant who is not a resident of this State; (6) Against the master, captain or agent of any sailing vessel entering any of the ports of this State for pilotage services rendered such vessel; (7) Against a defendant who has absconded or concealed himself; or (8) When any person or corporation is about to remove any of his or its property from this State, or has assigned, disposed of or secreted or is about to assign, dispose of or secrete any of his or its property with intent to defraud creditors as mentioned in this chapter; The plaintiff at the time of issuing the summons or any time afterwards may have the property of such defendant or corporation attached, in the manner prescribed in this chapter, as a security for the satisfaction of such judgment as the plaintiff may recover. For the purposes of this section an action shall be deemed commenced when the summons is issued, provided that personal service of such summons shall be made or publication thereof commenced within thirty days.
S.C. Code Ann. § 15-50-160 — SC Code / Title 15 / Chapter 50 / Section 15-50-160
SECTION 15-50-160. Fines for failure to register before the deadline.
Status: in_force

(A) If a person fails to file with the Secretary an application for registration as a structured settlement purchase company as required by this chapter, the Secretary must notify the person of this delinquency by mailing a notice by certified mail, with return receipt requested, to the person's last known address. If the required registration application is not filed within fifteen days after the receipt of the notice, the Secretary may assess an administrative fine of ten thousand dollars against the person. (B) If the person does not claim a notice sent by certified mail, or the notice is returned to the Secretary by the United States Postal Service as undeliverable, then the Secretary shall serve the notice upon the person as provided by law. (C) A registration application required to be filed with the Secretary pursuant to this chapter which contains false or misleading statements, or which is incomplete, may be rejected by the Secretary and returned to the submitting party without being filed. (D) A person who is assessed an administrative fine or who is denied registration has thirty days from receipt of certified notice or formal service of the notice from the Secretary to pay the fine or request an evidentiary hearing before the administrative law court. If a person fails to remit fines or request a hearing after the required notice is given and after thirty days from the date of receipt of certified notice or service of the notice has elapsed, then the Secretary may bring an action before the administrative law court to enjoin the person from engaging in further activities related to the purchase or transfer of structured settlements in this State. The decision of the Administrative Law Court may be appealed as provided in Section 1-23-610. (E) Any administrative fine revenue received pursuant to this chapter in a fiscal year may be retained by the Secretary to offset the expenses of enforcing 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. § 15-38-30 — SC Code / Title 15 / Chapter 38 / Section 15-38-30
SECTION 15-38-30. Factors determining pro rata liability of tortfeasors.
Status: in_force

In determining the pro rata shares of tortfeasors in the entire liability (1) their relative degrees of fault shall not be considered; (2) if equity requires, the collective liability of some as a group shall constitute a single share; and (3) principles of equity applicable to contribution generally shall apply.
S.C. Code Ann. § 15-1-60 — SC Code / Title 15 / Chapter 1 / Section 15-1-60
SECTION 15-1-60. "Clerk" defined.
Status: in_force

The word "clerk", as used in this title, signifies the clerk of the court where the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified.
S.C. Code Ann. § 15-63-160 — SC Code / Title 15 / Chapter 63 / Section 15-63-160
SECTION 15-63-160. Judgment of exclusion from office or franchise; penalty for usurpation.
Status: in_force

When a defendant, whether a natural person or corporation, against whom such action shall have been brought shall be adjudged guilty of usurping, intruding into or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise or privilege and also that the plaintiff recover costs against such defendant. The court may also, in its discretion, fine such defendant a sum not exceeding two thousand dollars. The fine, when collected, shall be paid into the State Treasury.
S.C. Code Ann. § 15-32-220 — SC Code / Title 15 / Chapter 32 / Article 3 / Section 15-32-220
SECTION 15-32-220. Noneconomic damages limit; exceptions; annual adjustment based on Consumer Price Index.
Status: in_force

(A) In an action on a medical malpractice claim when final judgment is rendered against a single health care provider, the limit of civil liability for noneconomic damages of the health care provider is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, regardless of the number of separate causes of action on which the claim is based, except as provided in subsection (E). (B) In an action on a medical malpractice claim when final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, regardless of the number of separate causes of action on which the claim is based, except as provided in subsection (E). (C) In an action on a medical malpractice claim when final judgment is rendered against more than one health care institution, or more than one health care provider, or any combination thereof, the limit of civil liability for noneconomic damages for each health care institution and each health care provider is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed one million fifty thousand dollars for each claimant, except as provided in subsection (E). (D)(1) The provisions of this section do not limit the amount of compensation for economic damages suffered by each claimant in a medical malpractice claim. (2) The provisions of this section do not limit the amount of punitive damages in cases where the plaintiff is able to prove an entitlement to an award of punitive damages as required by law. (E) The limitations for noneconomic damages rendered against any health care provider or health care institution do not apply if the jury or court determines that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant. (F) At the end of each calendar year, the Revenue and Fiscal Affairs Office, Board of Economic Advisors must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year, and the limitation on compensation for noneconomic damages pursuant to subsection (A), (B), or (C) must be increased or decreased accordingly. As soon as practicable after this adjustment is calculated, the Director of the Revenue and Fiscal Affairs Office shall submit the revised limitation on compensation to the State Register for publication pursuant to Section 1-23-40(2), and the revised limitation becomes effective upon publication in the State Register. For purposes of this subsection, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics. 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). Effect of Amendment The 2005 amendment, in subsection (E), added "or health care institution".
S.C. Code Ann. § 15-19-360 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-360
SECTION 15-19-360. Satisfying judgment for plaintiff; proceedings after six months or when automobile has been attached.
Status: in_force

At the expiration of six months from the docketing of the judgment or forthwith upon the docketing of the judgment in cases in which an automobile has been attached under SECTION 29-15-20, the court may, upon the petition of the plaintiff accompanied by an affidavit setting forth fully all the proceedings which have been had by the sheriff or constable since the service of the attachment, the property attached and the disposition thereof and also the affidavit of the sheriff or constable that he has used diligence and endeavored to collect the evidences of debt in his hands so attached and that there remains uncollected of the same any part or portion thereof, order the sheriff or constable to sell the property attached upon such terms and in such manner as shall be deemed proper. Notice of such application shall be given to the defendant or his attorney, if the defendant shall have appeared in the action. In case the summons has not been personally served on the defendant the court shall make such rule or order as to the service of notice and the time of service as shall be deemed just.
S.C. Code Ann. § 15-17-590 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-590
SECTION 15-17-590. No discharge shall be granted until property is delivered to assignee.
Status: in_force

In all cases in which a debtor applies for his discharge the judge or clerk of the court before whom the application shall be made shall not discharge him from confinement until the property contained in his schedule is produced and delivered to the assignee, if it be or has been within the power of the debtor to deliver such property since the time of his arrest.
S.C. Code Ann. § 15-50-170 — SC Code / Title 15 / Chapter 50 / Section 15-50-170
SECTION 15-50-170. Transfer orders; applicability to federal law.
Status: in_force

Except as otherwise provided, a transfer order signed by a court of competent jurisdiction pursuant to this act constitutes a qualified order under 26 U.S.C. Section 5891. If a transferee to which the transfer order applies is not registered as a structured settlement purchase company pursuant to this act at the time the transfer order is signed, the transfer order does not constitute a qualified order under 26 U.S.C. Section 5891. 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. § 15-17-90 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-90
SECTION 15-17-90. Execution of order.
Status: in_force

The sheriff or constable shall execute the order by arresting the defendant and keeping him in custody until discharged by law and may call the power of the county to his aid in the execution of the arrest, as in case of process.
S.C. Code Ann. § 15-53-60 — SC Code / Title 15 / Chapter 53 / Section 15-53-60
SECTION 15-53-60. Enumeration is no restriction on general powers.
Status: in_force

The enumeration in SECTIONS 15-53-30 to 15-53-50 does not limit or restrict the exercise of the general powers conferred in SECTION 15-53-20 in any proceeding when declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an uncertainty.
S.C. Code Ann. § 15-39-60 — SC Code / Title 15 / Chapter 39 / Article 1 / Section 15-39-60
SECTION 15-39-60. Execution against married woman.
Status: in_force

An execution may issue against a married woman, and it shall direct the levy and collection of the amount of the judgment against her from her separate property, and not otherwise.
S.C. Code Ann. § 15-17-450 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-450
SECTION 15-17-450. Order for assignment of property; exemptions.
Status: reserved

In case the prisoner shall take such oath and upon examination the clerk shall be satisfied with the truth thereof he shall order the lands, goods and effects contained in such account, or so much of them as may be sufficient to satisfy the debts wherewith such petitioner shall be charged and the fees of the keeper of the jail where he shall be in custody together with the costs of suit which shall be incurred on the suit or prosecution commenced against him and all other costs and fees which shall arise or become due upon prosecuting and obtaining his discharge from arrest and confinement, by a short endorsement on the back of his petition, signed by the petitioner, to be assigned to some suitable person to be selected by the clerk, as assignee for the benefit of the plaintiff and such creditors as may appear or establish claims against the debtor. But if the petitioner be the head of a family there shall be reserved to him out of his real and personal property a homestead and such articles as are exempt from attachment, levy and sale under the provisions of the Constitution and laws of this State.
S.C. Code Ann. § 15-48-10 — SC Code / Title 15 / Chapter 48 / Section 15-48-10
SECTION 15-48-10. Validity of arbitration agreement; exceptions from operation of chapter.
Status: in_force

(a) A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Notice that a contract is subject to arbitration pursuant to this chapter shall be typed in underlined capital letters, or rubber-stamped prominently, on the first page of the contract and unless such notice is displayed thereon the contract shall not be subject to arbitration. (b) This chapter however shall not apply to: (1) Any agreement or provision to arbitrate in which it is stipulated that this chapter shall not apply or to any arbitration or award thereunder; (2) Arbitration agreements between employers and employees or between their respective representatives unless the agreement provides that this chapter shall apply; provided, however, that notwithstanding any other provision of law, employers and employees or their respective representatives may not agree that workmen's compensation claims, unemployment compensation claims and collective bargaining disputes shall be subject to the provisions of this chapter and any such provision so agreed upon shall be null and void. An agreement to apply this chapter shall not be made a condition of employment. (3) A pre-agreement entered into when the relationship of the contracting parties is such that of lawyer-client or doctor-patient and the term "doctor" shall include all those persons licensed to practice medicine pursuant to Chapters 9, 15, 31, 37, 47, 51, 55, 67 and 69 of Title 40 of the 1976 Code. (4) Any claim arising out of personal injury, based on contract or tort, or to any insured or beneficiary under any insurance policy or annuity contract.
S.C. Code Ann. § 15-39-120 — SC Code / Title 15 / Chapter 39 / Article 1 / Section 15-39-120
SECTION 15-39-120. Sheriff to keep memorandum of levy; schedule.
Status: in_force

The sheriff shall make a memorandum in writing of the date of every levy and specify the property upon which such levy has been made on the process or in a schedule thereunto annexed. If more than one process be levied on such property reference on each shall be made to such memorandum or schedule.
S.C. Code Ann. § 15-74-20 — SC Code / Title 15 / Chapter 74 / Section 15-74-20
SECTION 15-74-20. Good faith charitable donor of distressed food exempt from civil and criminal liability; exception.
Status: in_force

The donor, in good faith, of distressed food apparently fit for human consumption, to a bona fide charitable or nonprofit organization or food bank or prepared and perishable food program for free distribution, is not subject to criminal penalty or civil damages arising from the condition of the food or the nature or condition of the land entered, unless an injury is caused by gross negligence, recklessness, or intentional misconduct of the donor.
S.C. Code Ann. § 15-39-440 — SC Code / Title 15 / Chapter 39 / Article 3 / Section 15-39-440
SECTION 15-39-440. Prohibition of transfer or of interference with property.
Status: in_force

The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith.
S.C. Code Ann. § 15-35-380 — SC Code / Title 15 / Chapter 35 / Article 3 / Section 15-35-380
SECTION 15-35-380. Judgment by confession; execution thereon.
Status: in_force

Executions may be issued and enforced thereon in the same manner as upon judgments in other cases in such courts. When the debt for which the judgment is entered is not all due or is payable in installments and the installments are not all due the execution may issue upon such judgment for the collection of such installments as have become due and shall be in the usual form but shall have endorsed thereon, by the attorney or person issuing it, a direction to the sheriff to collect the amount due on such judgment, with interest and costs. Such amount shall be stated, with interest thereon, and the costs of the judgment. Notwithstanding the issue and collection of such execution the judgment shall remain as security for the installments thereafter to become due, and whenever any further installments become due execution may, in like manner, be issued for the collection and enforcement of such installments.
S.C. Code Ann. § 15-39-810 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-810
SECTION 15-39-810. Sale by debtor of property subject to levy and sale; endorsement on conveyance in case of objection.
Status: in_force

Should any judgment creditor so object the sheriff shall make the following endorsement on the back of the conveyance made by the debtor, viz.: "Objection having been filed in my office by __________,judgment creditor, I levied upon and exposed for sale the property within named; and failing to receive a higher bid than the amount of indebtedness cancelled by the proceeds of the within bargain and sale, this sale is therefore confirmed." Such endorsement shall be signed by the sheriff.
S.C. Code Ann. § 15-3-90 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-90
SECTION 15-3-90. Effect of reversal of judgment.
Status: in_force

If an action shall be commenced within the time prescribed therefor and a judgment therein be reversed on appeal the plaintiff or, if he die and the cause of action survive, his heirs or representative may commence a new action within one year after the reversal.
S.C. Code Ann. § 15-3-620 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-620
SECTION 15-3-620. Actions by State.
Status: in_force

The limitations prescribed by this article shall apply to actions brought in the name of the State or for its benefit in the same manner as to actions by private parties; provided, however, that limitations against claims for charges for care, training, maintenance or treatment received by any patient or trainee from the South Carolina State Hospital, any State training school, or any State mental health facility, shall commence to run against the State, its boards, commissions or agencies charged with the operation of the above institutions only from the last date upon which care, training, maintenance or treatment was furnished to any such patient or trainee.
S.C. Code Ann. § 15-67-40 — SC Code / Title 15 / Chapter 67 / Article 1 / Section 15-67-40
SECTION 15-67-40. Service on unknown parties; notice of lis pendens.
Status: in_force

In any action brought to determine adverse claims to real property within this State the plaintiff may insert in the title thereof, in addition to the names of such persons as are known or appear of record to have some right, title, interest, estate or lien in or on the real property in controversy, the following: "Also all other persons unknown, claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein." Service of the summons may be had upon all such unknown persons defendant by publication in the same manner as against nonresident defendants, upon the filing of an affidavit of the plaintiff, his agent or attorney, stating the existence of a cause of action to try adverse claims within this State. The plaintiff shall before commencement of such publication file with the clerk of the court a notice of the pendency of the action, a copy of which shall be published in the same newspaper with and immediately following the summons.
S.C. Code Ann. § 15-53-30 — SC Code / Title 15 / Chapter 53 / Section 15-53-30
SECTION 15-53-30. Determination of questions under deed, will, written contract, statute, municipal ordinance, contract or franchise.
Status: in_force

Any person interested under a deed, will, written contract or other writings constituting a contract or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
S.C. Code Ann. § 15-3-570 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-570
SECTION 15-3-570. Action for penalty.
Status: in_force

An action upon a statute for a penalty or forfeiture given, in whole or in part, to any person who will prosecute for it must be commenced within one year after the commission of the offense. If the action be not commenced within the year by a private party it may be commenced within two years thereafter in behalf of the State by the Attorney General or the solicitor of the circuit where the offense was committed, unless a different limitation be prescribed in the statute under which the action is brought.
S.C. Code Ann. § 15-37-110 — SC Code / Title 15 / Chapter 37 / Section 15-37-110
SECTION 15-37-110. Adjustment of costs in interlocutory and special proceedings.
Status: in_force

Whenever it shall be necessary to adjust costs in any interlocutory proceeding in an action or in any special proceedings, they shall be adjusted by the judge before whom the proceeding may be heard or the court before which the proceeding may be decided or pending or in such other manner as the judge or court may direct.
S.C. Code Ann. § 15-35-350 — SC Code / Title 15 / Chapter 35 / Article 3 / Section 15-35-350
SECTION 15-35-350. Judgment by confession; generally.
Status: in_force

A judgment by confession may be entered without action either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed in this article.
S.C. Code Ann. § 15-7-20 — SC Code / Title 15 / Chapter 7 / Section 15-7-20
SECTION 15-7-20. Actions which must be tried where cause of action arose.
Status: in_force

Actions for the following causes must be tried in the county where the cause or some part thereof arose, subject to the like power of the court to change the place of trial: (1) For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river or other stream of water situated in two or more counties the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed; and (2) Against a public officer or person specially appointed to execute his duties for an act done by him in virtue of his office or against a person who by his command or in his aid shall do anything touching the duties of such officer.
S.C. Code Ann. § 15-49-50 — SC Code / Title 15 / Chapter 49 / Section 15-49-50
SECTION 15-49-50. Effect of change on old obligations.
Status: in_force

When a person changing his name is bound by obligation or otherwise, the effect of which obligation would extend to and impose any obligation on the heirs, executors or administrators of the person so having changed his name, such heirs, executors or administrators shall be and remain bound, to all intents and purposes, in the same manner and to the same extent as if the person had not changed his name.
S.C. Code Ann. § 15-1-220 — SC Code / Title 15 / Chapter 1 / Section 15-1-220
SECTION 15-1-220. Filing of undertakings.
Status: in_force

The various undertakings required to be given by this Title must be filed with the clerk of the appropriate court unless the court expressly provides for a different disposition thereof, except that the undertakings provided for by Chapter 69 of this Title shall, after the justification of the sureties, be delivered by the sheriffs to the parties, respectively, for whose benefit they are taken.
S.C. Code Ann. § 15-78-110 — SC Code / Title 15 / Chapter 78 / Section 15-78-110
SECTION 15-78-110. Statute of limitations.
Status: in_force

Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.
S.C. Code Ann. § 15-9-420 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-420
SECTION 15-9-420. Service on certain traveling shows.
Status: in_force

Service of any process in any action or proceeding against any circus or other traveling show exhibiting under canvas or outdoors for gain may be made upon any clerk of court appointed agent or attorney of such show under the provisions of SECTION 52-1-60 and such service must be in duplicate. When so made it shall be deemed sufficient service upon any such circus or traveling show. When legal process against any such circus or show is served upon any such clerk of court he shall forthwith forward by certified mail one of the duplicate copies prepaid directed to the person and the address as furnished him in the power of attorney referred to in SECTION 52-1-60.
S.C. Code Ann. § 15-51-30 — SC Code / Title 15 / Chapter 51 / Article 1 / Section 15-51-30
SECTION 15-51-30. Effect of illegitimacy.
Status: in_force

In the event of the death of an illegitimate child or the mother of an illegitimate child by the wrongful or negligent act of another, such illegitimate child or the mother or father or the heirs at law or the distributees of such illegitimate child shall have the same rights and remedies in regard to such wrongful or negligent act as though such illegitimate child had been born in lawful wedlock.
S.C. Code Ann. § 15-39-900 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-900
SECTION 15-39-900. Proceeds paid to prior judgment lienor.
Status: in_force

The sheriff shall pay over the proceeds of sale of any real estate sold by him to any judgment creditor having a prior lien thereon.
S.C. Code Ann. § 15-9-380 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-380
SECTION 15-9-380. Procedure when nonresident motorist or motor carrier defendant does not accept and receipt for notice sent by certified mail.
Status: in_force

If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or the Department of Motor Vehicles, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant. Editor's Note 2003 Act No. 51, SECTION 18 directed the Code Commissioner to substitute "Department of Motor Vehicles" for "motor vehicle records division of the Department of Public Safety".
S.C. Code Ann. § 15-19-210 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-210
SECTION 15-19-210. Service and answer upon execution of warrant.
Status: in_force

Immediately upon the issuance of the warrant of attachment as provided for in SECTION 15-19-110 the sheriff or constable shall execute such warrant and the plaintiff, if the defendant shall not have been served with a copy of the complaint with the summons, shall within ten days after being required so to do by the defendant serve a copy of the complaint in the action on the defendant or his attorney at the address given in the notice requiring the complaint. The defendant shall have twenty days thereafter to answer the complaint, if in the court of common pleas, or to appear, if before a magistrate.
S.C. Code Ann. § 15-39-850 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-850
SECTION 15-39-850. Successors of selling officers may make title.
Status: in_force

In all cases in which any sheriff, probate judge, clerk of court or master shall have legally sold any real or personal estate and such sheriff, probate judge, clerk of court or master shall die, resign or otherwise go out of office before he shall have executed title therefor to the purchaser, any subsequent sheriff, probate judge, clerk of court or master of the same county, upon the terms of sale being complied with or satisfactory evidence produced that they have been complied with, may make and execute good and sufficient title to the purchaser for the property so sold.
S.C. Code Ann. § 15-3-130 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-130
SECTION 15-3-130. Suits on causes saved from bar of statute by part payment or written acknowledgment.
Status: in_force

All actions upon causes of action which would be barred by the statute of limitations but for part payment or a written acknowledgment shall be brought on the original cause of action and the part payment or written acknowledgment shall be evidence to prevent the bar of the statute of limitations.
S.C. Code Ann. § 15-19-520 — SC Code / Title 15 / Chapter 19 / Article 5 / Section 15-19-520
SECTION 15-19-520. Plaintiff's undertaking; contents of warrant.
Status: in_force

Before issuing the warrant of attachment the judge, clerk or magistrate shall require a written undertaking on the part of the plaintiff with sufficient surety to the effect that if the plaintiff shall fail to prove that the action is brought to recover the purchase money for the property which is about to be attached or if the defendant recovers judgment or the attachment be set aside by the order of the court the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars, except in case of a warrant issued by a magistrate when it shall be at least twenty-five dollars. The warrant shall be directed to any sheriff or constable of any county in which the property of such defendant may be, shall plainly describe the property and shall require such officer to attach and safely keep such property of the defendant or so much thereof as may be sufficient to satisfy plaintiff's demand, together with costs and expenses.
S.C. Code Ann. § 15-37-80 — SC Code / Title 15 / Chapter 37 / Section 15-37-80
SECTION 15-37-80. Costs on postponement of trial.
Status: in_force

When an application shall be made to a court or referee to postpone a trial the payment to the adverse party of a sum not exceeding ten dollars, besides the fees of witnesses, may be imposed as the condition of granting the postponement.
S.C. Code Ann. § 15-1-280 — SC Code / Title 15 / Chapter 1 / Section 15-1-280
SECTION 15-1-280. Return of deposit.
Status: in_force

The person so depositing a sum of money in lieu of a bond, recognizance or undertaking shall be entitled upon application to the court wherein such deposit has been made and subject to the order on which such funds are held to receive back such sum whenever the purposes for which it has been received and deposited have been accomplished and the person is entitled to repayment thereof.
S.C. Code Ann. § 15-65-30 — SC Code / Title 15 / Chapter 65 / Section 15-65-30
SECTION 15-65-30. Notice to nonresident.
Status: in_force

When the party whose property is sought to be placed in the hands of a receiver cannot be found within the State, then notice of the application to the party in possession of such property shall be sufficient. And when the property is abandoned and not in possession of anyone and the party claiming the property cannot be found within the State, then the appointment may be made without notice of the application. But whenever a receiver is appointed and the party claiming the property cannot be found within the State, notice of such appointment shall be forthwith given by publication or personal service without the State as prescribed by law in the case of a summons in a civil action.
S.C. Code Ann. § 15-3-255 — SC Code / Title 15 / Chapter 3 / Article 2 / Section 15-3-255
SECTION 15-3-255. Contract provisions.
Status: in_force

This article may not be construed to affect, abrogate, amend, or alter any enumerated rights, limitation of remedies, exclusion of damages, or any other provision of a contract.
S.C. Code Ann. § 15-17-210 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-210
SECTION 15-17-210. Defendant shall be discharged on giving bail or making a deposit.
Status: in_force

The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order of arrest, as provided in this article, or under the provisions of SECTIONS 15-17-410 to 15-17-590.
S.C. Code Ann. § 15-63-170 — SC Code / Title 15 / Chapter 63 / Section 15-63-170
SECTION 15-63-170. Judgment of forfeiture against corporation.
Status: in_force

If it shall be adjudged that a corporation against which an action shall have been brought pursuant to this chapter has, by neglect, abuse or surrender, forfeited its corporate rights, privileges and franchises, judgment shall be rendered that the corporation be excluded from such corporate rights, privileges and franchises and that the corporation be dissolved.
S.C. Code Ann. § 15-19-30 — SC Code / Title 15 / Chapter 19 / Article 1 / Section 15-19-30
SECTION 15-19-30. Attachment when debt is not due.
Status: in_force

Whenever a debt is not yet due and it appears to the satisfaction of a circuit judge, clerk of the court of common pleas or magistrate, by affidavit, that the debtor has departed from the State with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with a like intent or that such person has removed or is about to remove any of his property from this State with intent to defraud his creditors or has assigned, disposed of or secreted or is about to assign, dispose of or secrete any of his property with like intent, the plaintiff forthwith may institute suit upon such debt or cause of action, and the circuit judge, clerk or magistrate may issue his warrant of attachment as if such debt were then due and payable. But no judgment shall be had thereon until after the maturity of the debt. The plaintiff shall pay the costs in case the debtor pays the debt on or before its maturity.
S.C. Code Ann. § 15-48-230 — SC Code / Title 15 / Chapter 48 / Section 15-48-230
SECTION 15-48-230. Uniformity of interpretation.
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
S.C. Code Ann. § 15-63-70 — SC Code / Title 15 / Chapter 63 / Section 15-63-70
SECTION 15-63-70. Action to vacate or annul letters patent.
Status: in_force

An action may be brought by the Attorney General in the name of the State for the purpose of vacating or annulling the letters patent granted by the people of this State in the following cases: (1) When he shall have reason to believe that such letters patent were obtained by means of some fraudulent suggestion or concealment of a material fact made by the person to whom such letters patent were issued or made or with his consent or knowledge; (2) When he shall have reason to believe that such letters patent were issued through mistake or in ignorance of material fact; or (3) When he shall have reason to believe that the patentee or those claiming under him have done or committed an act in violation of the terms and conditions on which the letters patent were granted or have by any other means forfeited the interest acquired under such letters patent.
S.C. Code Ann. § 15-35-820 — SC Code / Title 15 / Chapter 35 / Article 9 / Section 15-35-820
SECTION 15-35-820. Judgments do not constitute a lien on exempt property.
Status: in_force

Section 15-35-810 shall not be construed so as to make final judgments in any case a lien on the real property of the judgment debtor exempt from attachment, levy and sale by the Constitution.
S.C. Code Ann. § 15-5-45 — SC Code / Title 15 / Chapter 5 / Article 1 / Section 15-5-45
SECTION 15-5-45. Capacity of partnerships to sue and be sued; effect of judgment.
Status: in_force

Any partnership formed under the laws of this State or of another jurisdiction shall have the capacity with or without the joinder of one or more of its partners to sue and be sued in the courts and agencies of this State as a separate entity under the name specified in any recorded certificate of partnership, or, if the partnership conducts business under an assumed name or there is no recorded certificate, under the name by which it does business. All judgments and executions against any such partnership shall bind its real and personal property. Its partners shall also be liable for judgment and be subject to execution to the extent and in the manner provided by law.
S.C. Code Ann. § 15-39-830 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-830
SECTION 15-39-830. Conveyance after sale.
Status: in_force

Upon a judicial sale being made and the terms complied with the officer making the sale must execute a conveyance to the purchaser which shall be effectual to pass the rights and interests adjudged to be sold.
S.C. Code Ann. § 15-3-380 — SC Code / Title 15 / Chapter 3 / Article 3 / Section 15-3-380
SECTION 15-3-380. Effect of forty-year lapse.
Status: in_force

No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person claiming, his ancestor or grantor, was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.
S.C. Code Ann. § 15-37-40 — SC Code / Title 15 / Chapter 37 / Section 15-37-40
SECTION 15-37-40. Clerk shall insert costs and disbursements in judgment.
Status: in_force

The clerk shall insert in the entry of judgment, on the application of the prevailing party upon five days' notice to the other except when the attorneys reside in the same city, village or town and then upon two days' notice, the sum of the allowances for costs and disbursements as provided by law and the necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the reasonable compensation of commissioners in taking depositions, the fees of referees and the expense of printing the papers for any hearing when required by a rule of the court. The disbursements shall be stated in detail and verified by affidavit. A copy of the items of the costs and disbursements shall be served with a notice of adjustment.
S.C. Code Ann. § 15-9-430 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-430
SECTION 15-9-430. Service on nonresident directors of domestic corporations.
Status: in_force

(a) Each director of a domestic business corporation who is a nonresident of this State at the time of his election or who becomes a nonresident during his term in office, shall by his acceptance of election or by continuing in office as director, be deemed to have appointed the Secretary of State as an agent to receive service of process upon him in any action or proceeding relating to actions of such corporation and arising while he held office as director of such corporation. (b) Service of such process shall be made by delivering to and leaving with the Secretary of State, or with any person designated by him to receive such service, duplicate copies of such process. The Secretary of State shall thereupon immediately cause one of such copies to be forwarded to the nonresident director by certified mail. Proof of service shall be by affidavit of compliance with this section filed, together with a copy of the process, with the clerk of court in which the action or proceeding is pending. (c) Service under this section may also be made by delivery of a copy of the process to the nonresident director at his address outside the State. Proof of such delivery shall be made by affidavit of the person making delivery and the affidavit shall be filed with the clerk of court in which the action or proceeding is pending. (d) The resignation in good faith of any nonresident director, effective as of the date of filing with the Secretary of State a notice of his resignation, shall terminate the application to him of the provisions of this section, except for any cause of action already accrued. (e) Every domestic business corporation which has any director who is or becomes a nonresident of this State after the corporation has filed its most recent annual report pursuant to Section 12-19-20 shall file with the Secretary of State the names and addresses of its directors and shall file supplementary reports showing any change of address or residence of any director. The reports must be filed within ten days from the date of election, removal from this State, or change of address of any director. The Secretary of State shall compile and maintain a current list, indexed by corporation, of all nonresident directors of domestic business corporations which are listed on such interim filings. Delivery of copies of service as required in subsections (b) and (c) to the nonresident director must be made by delivering the copy to the most recent address on file with the company's most current annual report or any more current interim report which has been filed with the Secretary of State pursuant to this subsection. (f) The Secretary of State shall charge a fee of ten dollars to accompany service thereunder.
S.C. Code Ann. § 15-72-10 — SC Code / Title 15 / Chapter 72 / Section 15-72-10
SECTION 15-72-10. Jurisdiction of circuit court.
Status: in_force

Subject to the provisions of Section 62-5-433 the circuit court has: (1) exclusive jurisdiction to approve the settlement of any claim that exceeds ten thousand dollars in favor of or against any minor or incapacitated person; and (2) concurrent jurisdiction with the probate court to approve the settlement of any claim not exceeding ten thousand dollars in favor of or against any minor or incapacitated person.
S.C. Code Ann. § 15-51-210 — SC Code / Title 15 / Chapter 51 / Article 3 / Section 15-51-210
SECTION 15-51-210. When county is liable for damages for lynching.
Status: in_force

In all cases of lynching when death ensues the county in which such lynching takes place shall, without regard to the conduct of the officers, be liable in exemplary damages of not less than two thousand dollars, to be recovered by action instituted in any court of competent jurisdiction by the legal representatives of the person lynched, and they are hereby authorized to institute such action for the recovery of such exemplary damages. A county against which a judgment has been obtained for damages in any case of lynching shall have the right to recover in any court of competent jurisdiction the amount of such judgment from the parties engaged in such lynching and is hereby authorized to institute such action.
S.C. Code Ann. § 15-41-33 — SC Code / Title 15 / Chapter 41 / Article 1 / Section 15-41-33
SECTION 15-41-33. Limits on applicability of exemption in Section 15-41-30(11)(C.
Status: in_force

The exemption for a disability benefit provided in Section 15-41-30(11)(C) does not apply with regard to a levy or execution of a judgment authorized by Section 17-25-323 or Section 17-25-325. Code Commissioner's Note At the direction of the Code Commissioner, the reference to SECTION 15-41-30(10)(C) was changed to SECTION 15-41-30(11)(C).
S.C. Code Ann. § 15-37-170 — SC Code / Title 15 / Chapter 37 / Section 15-37-170
SECTION 15-37-170. Costs against infant plaintiff.
Status: in_force

When costs and disbursements are adjudged against an infant plaintiff the guardian by whom he appeared in the action shall be responsible therefor, and payment thereof may be enforced by attachment.
S.C. Code Ann. § 15-39-770 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-770
SECTION 15-39-770. Compensation of officer making sale of real estate.
Status: in_force

The officer making judicial sales of real estate may charge for services rendered in making such sales and in paying over the proceeds of such sales to the parties entitled thereto and for rendering all services in connection with such sales for which a commission fee is authorized by law a fee of seven dollars in case of such sale for a price of five hundred dollars or less, and in the case of a sale for more than five hundred dollars he shall be entitled to an additional fee of one per cent of the excess. No fees, charges or commissions, other than those herein authorized, may be charged by the officer making such sales, except that if such officer acted as referee or master in any case and took testimony, made a report or performed any other service prior to the order or decree of sale he shall be entitled to the regular legal fees therefor. When such officer is upon a salary basis of compensation all such fees, charges and commissions shall be paid to the county treasurer as may be provided by law.
S.C. Code Ann. § 15-48-140 — SC Code / Title 15 / Chapter 48 / Section 15-48-140
SECTION 15-48-140. Modification or correction of award.
Status: in_force

(a) Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) The award is imperfect in a matter of form, not affecting the merits of the controversy. (b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made. (c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
S.C. Code Ann. § 15-17-250 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-250
SECTION 15-17-250. Delivery of bail to plaintiff and acceptance by him.
Status: in_force

Within the time limited for that purpose the sheriff or constable shall deliver the order of arrest to the plaintiff or attorney by whom it is subscribed, with his return endorsed and a certified copy of the undertaking of the bail. The plaintiff within ten days thereafter may serve upon the sheriff or constable a notice that he does not accept the bail, or he shall be deemed to have accepted it, and the sheriff or constable shall be exonerated from liability.
S.C. Code Ann. § 15-43-60 — SC Code / Title 15 / Chapter 43 / Section 15-43-60
SECTION 15-43-60. Dismissal.
Status: in_force

If the complaint is filed by a citizen or corporation it shall not be dismissed except upon a sworn statement made by the complainant and his or its attorney setting forth the reason why the action should be dismissed and upon the approval of such dismissal by the Attorney General or by the solicitor, in writing or in open court. If the court is of the opinion that the action ought not to be dismissed it may direct the Attorney General or solicitor to prosecute the action to judgment, and if the action is continued more than one term of court any citizen of the State may be substituted for the complaining party and prosecute the action to judgment. If the action is brought by a citizen or a corporation and the court finds there was no reasonable ground or cause for the action, the costs may be taxed to such citizen or corporation.
S.C. Code Ann. § 15-37-140 — SC Code / Title 15 / Chapter 37 / Section 15-37-140
SECTION 15-37-140. Costs to master, special master or referee.
Status: in_force

The master, special master or referee shall be entitled to not less than twenty-five dollars for each reference, and the work of one day shall constitute a reference, without regard to the number of claims presented and passed upon.
S.C. Code Ann. § 15-67-60 — SC Code / Title 15 / Chapter 67 / Article 1 / Section 15-67-60
SECTION 15-67-60. Reference to master; determining claims of nonresidents or minors.
Status: in_force

In all actions brought under this article the court, or a judge thereof, shall refer the action to a master or special referee to take the testimony as to the plaintiff's claim or title and as to all the facts and circumstances unless the testimony shall be taken in open court and carefully inquire as to the existence of claim by and residence of all nonresidents. If it shall appear to the court or judge that there probably exists a bona fide claim or lien on the part of any such nonresident or minor, whose name and whereabouts can be ascertained, no decree adjudicating the rights of such minor or affecting or quieting the title as against him or her shall be rendered unless personal service upon him or her outside of the State after order for publication shall first be made and proved as provided in SECTION 15-67-30.
S.C. Code Ann. § 15-32-540 — SC Code / Title 15 / Chapter 32 / Article 5 / Section 15-32-540
SECTION 15-32-540. Applicability of article.
Status: in_force

The provisions of this article do not affect any right, privilege, or provision of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15 or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33. 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. § 15-3-510 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-510
SECTION 15-3-510. General rule.
Status: in_force

The periods for the commencement of actions other than for the recovery of real property shall be as prescribed in the following sections.
S.C. Code Ann. § 15-77-300 — SC Code / Title 15 / Chapter 77 / Article 5 / Section 15-77-300
SECTION 15-77-300. . Allowance of fees.
Status: in_force

(A) In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if: (1) the court finds that the agency acted without substantial justification in pressing its claim against the party; and (2) the court finds that there are no special circumstances that would make the award of attorney's fees unjust. The agency is presumed to be substantially justified in pressing its claim against the party if the agency follows a statutory or constitutional mandate that has not been invalidated by a court of competent jurisdiction. (B) Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include: (1) the nature, extent, and difficulty of the case; (2) the time devoted; (3) the professional standing of counsel; (4) the beneficial results obtained; and (5) the customary legal fees for similar services. The judge must make specific written findings regarding each factor listed above in making the award of attorney's fees. However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees the party has contracted to pay counsel personally for work on the litigation. (C) The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 15-1-330 — SC Code / Title 15 / Chapter 1 / Section 15-1-330
SECTION 15-1-330. "Year 2000" computer failure immunity.
Status: in_force

A governmental entity is not liable for a loss arising from the failure of a computer, software program, database, network, information system, firmware, or any other device, whether operated by or on behalf of the governmental entity, to interpret, produce, calculate, generate, or account for a date which is compatible with the "Year 2000" date change. However, this immunity does not apply to a governmental entity which programmed and operated the device itself in a wilful, wanton, reckless, or grossly negligent manner thereby causing a Year 2000 computer failure.
S.C. Code Ann. § 15-19-310 — SC Code / Title 15 / Chapter 19 / Article 3 / Section 15-19-310
SECTION 15-19-310. Undertaking on part of defendant.
Status: in_force

Upon application for an order to discharge the attachment, the defendant shall deliver to the court or officer an undertaking executed by at least two sureties who are residents and freeholders or householders in the State, approved by such court or officer, to the effect that such sureties will, on demand, pay to the plaintiff the amount of judgment that may be recovered against the defendant in the action, not exceeding the sum specified in the undertaking which shall be at least double the amount claimed by the plaintiff in his complaint. If it shall appear by affidavit that the property attached be less than the amount claimed by the plaintiff the court or officer issuing the attachment may order the property to be appraised and the amount of the undertaking shall then be double the amount so appraised.
S.C. Code Ann. § 15-35-870 — SC Code / Title 15 / Chapter 35 / Article 9 / Section 15-35-870
SECTION 15-35-870. Service of process in other manner suffices.
Status: in_force

In any event service of process upon the judgment creditor in any other manner provided by law shall be sufficient.
S.C. Code Ann. § 15-1-290 — SC Code / Title 15 / Chapter 1 / Section 15-1-290
SECTION 15-1-290. Liability for injury to guests in car.
Status: in_force

No person transported by an owner or operator of a motor vehicle as his guest without payment for such transportation shall have a cause of action for damages against such motor vehicle or its owner or operator for injury, death or loss in case of an accident unless such accident shall have been intentional on the part of such owner or operator or caused by his heedlessness or his reckless disregard of the rights of others. This section shall not relieve a public carrier or any owner or operator of a motor vehicle which is being demonstrated to a prospective purchaser of responsibility for any injuries sustained by a passenger while being transported by such public carrier or while such motor vehicle is being so demonstrated.
S.C. Code Ann. § 15-3-670 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-670
SECTION 15-3-670. Circumstances in which limitations provided by Sections 15-3-640 through 15-3-660 are not available as defense.
Status: in_force

(A) The limitation provided by Sections 15-3-640 through 15-3-660 may not be asserted as a defense by a person in actual possession or control, as owner, tenant, or otherwise, of the improvement at the time the defective or unsafe condition constitutes the proximate cause of the injury or death for which it is proposed to bring an action, in the event the person in actual possession or control knows, or reasonably should have known, of the defective or unsafe condition. The limitations provided by Sections 15-3-640 through 15-3-660 are not available as a defense to a person guilty of fraud, gross negligence, or recklessness in providing components in furnishing materials, in developing real property, in performing or furnishing the design, plans, specifications, surveying, planning, supervision, testing or observation of construction, construction of, or land surveying, in connection with such an improvement, or to a person who conceals any such cause of action. (B) For the purposes of subsection (A), the violation of a building code of a jurisdiction or political subdivision does not constitute per se fraud, gross negligence, or recklessness, but this type of violation may be admissible as evidence of fraud, negligence, gross negligence, or recklessness. (C) The limitation provided by Section 15-3-640 may not be asserted as a defense to an action for personal injury, including a personal injury resulting in death, or property damage which is: (1) by its nature not discoverable in the exercise of reasonable diligence at the time of its occurrence; and (2) the result of ingestion of or exposure to some toxic or harmful or injury producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma. 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." Effect of Amendment The 2011 amendment inserted subsection (B) relating to fraud per se, gross negligence, or negligence, added subsection identifiers (A) and (C), changed subsection designators (i) and (ii) to (1) and (2), and made nonsubstantive changes.
S.C. Code Ann. § 15-69-190 — SC Code / Title 15 / Chapter 69 / Section 15-69-190
SECTION 15-69-190. Keeping of property; sheriff's fees and expenses.
Status: in_force

When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his lawful fees for taking and his necessary expenses for keeping the property.
S.C. Code Ann. § 15-17-80 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-80
SECTION 15-17-80. Affidavit and order shall be delivered to sheriff or constable; copy to defendant.
Status: in_force

The affidavit and order of arrest shall be delivered to the sheriff or constable who, upon arresting the defendant, shall deliver to him a copy thereof.
S.C. Code Ann. § 15-32-240 — SC Code / Title 15 / Chapter 32 / Article 3 / Section 15-32-240
SECTION 15-32-240. Rights under other acts.
Status: in_force

The provisions of this article do not affect any right, privilege, or provision of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15 or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
S.C. Code Ann. § 15-38-70 — SC Code / Title 15 / Chapter 38 / Section 15-38-70
SECTION 15-38-70. Repeal of inconsistent acts.
Status: repealed

All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed.
S.C. Code Ann. § 15-3-690 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-690
SECTION 15-3-690. Immunity from civil liability for liquefied petroleum gas dealers; definitions; scope.
Status: in_force

(A) As used in this subsection, the following definitions apply: (1) "System" or "systems" means assembly of equipment consisting of the container and any device that is connected to the container for the utilization of liquefied petroleum gas. (2) "Dealer" means a person engaging in the installation of liquefied petroleum gas systems or in the manufacture, distribution, sale, storing, or transporting by tank truck, tank trailer, or container of liquefied petroleum gases or engaging in installing, servicing, repairing, adjusting, disconnecting, or connecting appliances to liquefied petroleum gas systems and containers. (3) "Liquefied petroleum gas" means material composed predominately of hydrocarbons or mixtures of hydrocarbons, including propane, propylene, butanes (normal butane or isobutane), and butylenes. (B) A liquefied petroleum gas dealer shall be immune from civil liability if the proximate cause of the injury or damage was: (1) an alteration, modification, or repair of the liquefied petroleum gas system or gas burning appliance that could not have been discovered by the liquefied petroleum gas dealer in the exercise of reasonable care; or (2) the use of the liquefied petroleum gas system or gas burning appliance in a manner or for a purpose other than that for which the liquid petroleum gas system or gas burning appliance was intended to be used or for which could reasonably have been foreseen, provided that the liquefied petroleum gas dealer or the manufacturer of the liquefied petroleum gas system or gas burning appliance took reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum gas system or gas burning appliance. (C) Nothing in this subsection shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of the liquefied petroleum gas system or gas burning appliance, or its employees or agents from any other legal claim, including, but not limited to, product liability claims. (D) Nothing in this subsection shall apply to a cylinder exchange company as defined pursuant to Section 40-82-20(3) or a reseller as defined pursuant to Section 40-82-20(7).
S.C. Code Ann. § 15-43-70 — SC Code / Title 15 / Chapter 43 / Section 15-43-70
SECTION 15-43-70. Violation of injunction; punishment for contempt.
Status: in_force

In case of the violation of any injunction granted under the provisions of this chapter the court or, in vacation, a judge thereof may summarily try and punish the offender. The proceeding shall be commenced by filing with the clerk of the court a complaint, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceedings demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment in the county jail or State Penitentiary not less than three months nor more than six months, or by both fine and imprisonment.
S.C. Code Ann. § 15-3-20 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-20
SECTION 15-3-20. General rule as to time for commencement.
Status: in_force

(A) Civil actions may only be commenced within the periods prescribed in this title after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute. (B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing.
S.C. Code Ann. § 15-35-520 — SC Code / Title 15 / Chapter 35 / Article 5 / Section 15-35-520
SECTION 15-35-520. Entries in abstract of judgments; index to judgments.
Status: in_force

In this book shall be entered each case wherein judgment may be signed, including each case in dower, partition and escheat, after judgment or final order, with separate columns showing number of enrollment, names of parties, cause of action, attorney, date of judgment, amount of judgment, time of bearing interest, how judgment obtained, costs (separating attorney, clerk, sheriff, witness and total), kind of execution, date of issuing, sheriff's return, and satisfaction, together with an index by the names of defendants and a cross index by the names of plaintiffs, each alphabetically arranged and kept in separate volumes with the number of enrollment of judgment. And whenever judgment against any party plaintiff or defendant has been entered the names of such party, and each of them, shall appear in the index and the name of the party plaintiff or defendant in whose favor judgment has been entered and each of them shall appear in the cross index.
S.C. Code Ann. § 15-17-570 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-570
SECTION 15-17-570. Debtor required to produce books.
Status: in_force

If on such examination it should appear that the debtor has kept books in relation to his trade, profession or occupation he shall be required to produce them, if in his possession or power. On failure to do so he shall be deprived of his discharge until he shall produce such books.
S.C. Code Ann. § 15-1-320 — SC Code / Title 15 / Chapter 1 / Section 15-1-320
SECTION 15-1-320. References to minors in State laws mean persons under age of 18 years; exceptions; presumption that minors were persons under age of 21 in certain wills, trusts and deeds.
Status: in_force

(a) All references to minors in the law of this State shall after February 6, 1975, be deemed to mean persons under the age of eighteen years except in laws relating to the sale of alcoholic beverages; provided, however, that any person performing any act or receiving any property, rights or responsibilities pursuant to an instrument executed prior to February 6, 1975, shall have his majority or minority determined by the law relating to majority or minority in existence at the time of the execution of such instrument. (b) Persons executing wills, trusts and deeds prior to February 6, 1975, shall be presumed to have intended that minors were persons under the age of twenty-one years in the absence of facts which would indicate a contrary intention.
S.C. Code Ann. § 15-3-630 — SC Code / Title 15 / Chapter 3 / Article 5 / Section 15-3-630
SECTION 15-3-630. Actions against architects, professional engineers or contractors; definitions.
Status: in_force

As used in SECTIONS 15-3-630 to 15-3-670, the terms set out hereinbelow shall be defined as follows: (a) "Person" shall mean an individual, corporation, partnership, business, trust, unincorporated organization, association or joint-stock company; (b) "substantial completion" shall mean that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as modified by any change orders agreed to by the parties) upon attainment of which the owner can use the same for the purpose for which it was intended; the date of substantial completion may be established by written agreement between the contractor and owner.
S.C. Code Ann. § 15-37-60 — SC Code / Title 15 / Chapter 37 / Section 15-37-60
SECTION 15-37-60. Costs in certain small partition and foreclosure cases.
Status: in_force

The costs allowed by law in all cases of partition in which the property sought to be partitioned does not exceed one thousand dollars in value and in actions for foreclosure of a mortgage when the amount claimed does not exceed five hundred dollars shall be one half of the costs allowed in cases when the value exceeds those sums, and this provision shall apply to all costs in the cause.
S.C. Code Ann. § 15-3-230 — SC Code / Title 15 / Chapter 3 / Article 2 / Section 15-3-230
SECTION 15-3-230. Definitions.
Status: in_force

As used in this article: (1) "Claim" means any cause of action in state courts, federal court, or arbitration related to a Year 2000 problem. (2) "Contract" means any agreement for the delivery of goods or services in South Carolina, any agreement entered into in South Carolina for the delivery of goods or services, or any other agreement governed by the South Carolina Uniform Commercial Code. (3) "Economic loss" means any damage for breach of contract or breach of warranty recognized under South Carolina law. (4) "Person" means any individual, corporation, partnership, or other private entity capable under South Carolina law of entering into a contract as defined in item (2) of this section. (5) "Year 2000 problem" means any computing, physical, enterprise, or distribution system complication, corruption or failure that has occurred or may occur as a result of computer hardware systems, software programs, semiconductors or other digitally operated systems inability to process properly the change of the year from 1999 to 2000 or the leap year change. This complication, corruption, or failure may result from, but is not limited to, the common computer programming practice of using a two-digit field to represent a year, which can result in erroneous date calculations; an ambiguous interpretation of the term or field "00"; the failure to recognize 2000 as a leap year; algorithms that use "99" or "00" to activate another function; or the use of any other applications, software, or hardware that are date-sensitive.
S.C. Code Ann. § 15-39-760 — SC Code / Title 15 / Chapter 39 / Article 5 / Section 15-39-760
SECTION 15-39-760. Provisions of SECTIONSECTION 15-39-720 to 15-39-750 inapplicable to certain foreclosure suits.
Status: in_force

The provisions of SECTIONS 15-39-720 to 15-39-750 shall not apply to any suit brought for foreclosure if the complaint therein states that no personal or deficiency judgment is demanded and that any right to such judgment is expressly waived or when the plaintiff is suing in a representative or fiduciary capacity or a defendant is sued in such capacity and sets up a right to affirmative relief in his answer, makes the beneficiary or a member of the class of beneficiaries a party to the action and requests in the complaint or answer leave of the court to waive any right to a personal or deficiency judgment, and such leave is granted by the court and incorporated in the decree. But in any such case the sales officer shall state in the advertisement of sale that no personal or deficiency judgment is demanded and that the bidding will not remain open after the sale but that compliance with the bid may be made immediately.
S.C. Code Ann. § 15-27-155 — SC Code / Title 15 / Chapter 27 / Article 1 / Section 15-27-155
SECTION 15-27-155. Interpreter for party or witness unable to speak English; qualified interpreter defined; fees; centralized list; use of interpreter not on list.
Status: in_force

(A) Notwithstanding any other provision of law, whenever a party or witness to a civil legal proceeding does not sufficiently speak the English language to testify, the court may appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice. (B) An "interpreter" means a person who: (1) is eighteen years of age or older; (2) is not a family member of the party or witness; (3) is an instructor of foreign language at an institution of education; or (4) has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person. An "interpreter" shall not be a person confined to an institution. (C)(1) 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; (2) The fees for interpreting services may be: (a) paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly; (b) paid by one or more of the parties as the court may direct; or (c) taxed ultimately as costs based on the discretion of the court. (D) The Division of Court Administration shall maintain a centralized list of qualified interpreters to interpret the proceedings to and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) and submits a sworn affidavit to the court specifying his or her qualifications.
S.C. Code Ann. § 15-11-40 — SC Code / Title 15 / Chapter 11 / Section 15-11-40
SECTION 15-11-40. Cancellation of notice.
Status: in_force

The court in which the action was commenced, in its discretion at any time after the action is settled, discontinued, or abated, as provided in Section 15-5-190, on application of a person aggrieved and on good cause shown and on a notice as directed or approved by the court, may order the notice authorized by this chapter to be cancelled of record by the clerk of any county in whose office the notice was filed or recorded. The cancellation must be made by an endorsement to that effect on the margin of the record which refers to the order and for which the clerk is entitled to a fee of one dollar. The lis pendens notice, however, may be cancelled without a court order by the person who filed the notice any time after the action has been settled, discontinued, abated, or dismissed by a court of law by the submission of a written notice of cancellation to the clerk of court of each county in which a notice was filed or recorded. The clerk may require a fee of one dollar for the effectuation of a cancellation in this manner.
S.C. Code Ann. § 15-11-10 — SC Code / Title 15 / Chapter 11 / Section 15-11-10
SECTION 15-11-10. Time when notice of lis pendens may be filed.
Status: in_force

In an action affecting the title to real property the plaintiff (a) not more than twenty days before filing the complaint or at any time afterwards or (b) whenever a warrant of attachment under SECTIONS 15-19-10 to 15-19-560 shall be issued or at any time afterwards or a defendant when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer or at any time afterwards if such answer be intended to affect real estate, may file with the clerk of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action and the description of the property in that county affected thereby. If the action be for the foreclosure of a mortgage such notice must be filed twenty days before judgment and must contain the date of the mortgage, the parties thereto and the time and place of recording such mortgage.
S.C. Code Ann. § 15-17-280 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-280
SECTION 15-17-280. Allowance of bail.
Status: in_force

If the judge, magistrate or clerk of the court find the bail sufficient he shall annex the examination to the undertaking, endorse his allowance thereon and cause them to be filed in the office of the clerk. The sheriff shall thereupon be exonerated from liability.
S.C. Code Ann. § 15-67-240 — SC Code / Title 15 / Chapter 67 / Article 3 / Section 15-67-240
SECTION 15-67-240. Premises held adversely but not under written instrument or court judgment or decree.
Status: in_force

When it shall appear that there has been an actual continued occupation of premises under a claim of title, exclusive of any other right but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.
S.C. Code Ann. § 15-7-80 — SC Code / Title 15 / Chapter 7 / Section 15-7-80
SECTION 15-7-80. Suits by certain mutual insurance companies against members.
Status: in_force

All suits instituted by any mutual life insurance company or mutual fire insurance company formed in this State against a member or former member of such company or any receiver of such company against any member or former member of such company shall be brought in the county in which such member resides.
S.C. Code Ann. § 15-11-20 — SC Code / Title 15 / Chapter 11 / Section 15-11-20
SECTION 15-11-20. Pendency as constructive notice; effect.
Status: in_force

From the time of filing only, the pendency of the action shall be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were made a party to the action. For the purposes of this section, an action shall be deemed to be pending from the time of filing such notice.
S.C. Code Ann. § 15-9-270 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-270
SECTION 15-9-270. Service on insurance companies.
Status: in_force

The summons and any other legal process in any action or proceeding against it must be served on an insurance company as defined in Section 38-1-20, including fraternal benefit associations, by delivering two copies of the summons or any other legal process to the Director of the Department of Insurance, as attorney of the company with a fee of ten dollars, of which five dollars must be retained by the director to offset the costs he incurs in service of process and of which five dollars must be deposited to the credit of the general fund of the State. A company shall appoint the director as its attorney pursuant to the provisions of Section 38-5-70. This service is considered sufficient service upon the company. When legal process against any company with the fee provided in this section is served upon the director, he shall immediately forward by registered or certified mail one of the duplicate copies prepaid directed toward the company at its home office or, in the case of a fraternal benefit association, to its secretary or corresponding officer at the head of the association.
S.C. Code Ann. § 15-17-490 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-490
SECTION 15-17-490. Summoning jury in cases of alleged fraud.
Status: in_force

Whenever a debtor in custody under the provisions of this chapter shall be accused by the plaintiff (a) of fraud, (b) of having given an undue preference to one creditor to the prejudice of another or (c) of having made a false return, the clerk of the circuit court, who shall hear the prisoner's application, may place the names of twenty-four persons qualified as jurors in a box and from them draw eighteen and direct the sheriff of the county to summon the eighteen whose names shall be thus drawn to attend at the place where the prisoner is confined and at such time as the clerk shall appoint. In the same manner from them shall be drawn twelve, who shall be empaneled to try the facts required by this article.
S.C. Code Ann. § 15-67-70 — SC Code / Title 15 / Chapter 67 / Article 1 / Section 15-67-70
SECTION 15-67-70. Effect of judgment; persons bound.
Status: in_force

Any judgment entered in an action to try adverse claims shall be binding upon all of the defendants joined in the action. When unknown owners and claimants are joined as defendants it shall be binding upon any and all persons or parties having or claiming, or who might or could claim, an interest in or lien upon the property adverse to the plaintiff who have been served or who shall appear and defend, whether residents of this State or nonresidents.
S.C. Code Ann. § 15-48-220 — SC Code / Title 15 / Chapter 48 / Section 15-48-220
SECTION 15-48-220. Mechanics liens not precluded.
Status: in_force

Nothing in this chapter shall preclude the filing and perfecting of a mechanics lien by any party to an arbitration agreement.
S.C. Code Ann. § 15-48-60 — SC Code / Title 15 / Chapter 48 / Section 15-48-60
SECTION 15-48-60. Joinder of parties to arbitration.
Status: in_force

Upon application to the arbitration panel by a party, a person who is subject to service of process over the subject matter of the arbitration shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties, (2) he claims an interest relating to the subject of the action and is so situate that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) lead any of the persons already parties subject to a substantial risk of incurred double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the arbitrators shall order that he be made a party. Any person joined as a party to the arbitration shall have the same time to answer which was given to the initial defendant in the case.
S.C. Code Ann. § 15-3-360 — SC Code / Title 15 / Chapter 3 / Article 3 / Section 15-3-360
SECTION 15-3-360. Action after entry or accrual of right of entry.
Status: in_force

No entry upon real estate shall be deemed sufficient or valid as a claim unless an action be commenced thereupon within one year after the making of such entry and within ten years from the time when the right to make such entry descended or accrued.
S.C. Code Ann. § 15-39-20 — SC Code / Title 15 / Chapter 39 / Article 1 / Section 15-39-20
SECTION 15-39-20. Executions of course within ten years.
Status: in_force

Writs of execution for the enforcement of judgments shall conform to this Title. The party in whose favor judgment has been given and, in case of his death, his personal representatives duly appointed may at any time within ten years after the entry of judgment proceed to enforce such judgment as prescribed by this Title.
S.C. Code Ann. § 15-35-370 — SC Code / Title 15 / Chapter 35 / Article 3 / Section 15-35-370
SECTION 15-35-370. Judgment by confession; entry of judgment.
Status: in_force

The statement may be filed with the clerk of court. The clerk shall enter a judgment endorsed upon the statement for the amount confessed and the fee provided by Section 8-21-310(B)(13), together with any necessary disbursements of the plaintiff. The statement and affidavit, with the judgment endorsed, shall thereupon become the judgment roll.
S.C. Code Ann. § 15-50-110 — SC Code / Title 15 / Chapter 50 / Section 15-50-110
SECTION 15-50-110. Registration applications; bond.
Status: in_force

(A) Each initial or renewal application must contain a sworn certification by an owner, officer, director, or manager of the applicant, if the applicant is not a natural person, or by the applicant, if the applicant is a natural person, certifying that: (1) the applicant has secured a surety bond payable to the State or has posted a cash bond in the amount of fifty thousand dollars. The bond must be in a form satisfactory to the Secretary and must run to the State for the benefit of any payee claimant to secure the faithful performance of the obligation of the structured settlement purchase company under the law; and (2) the applicant must comply with this chapter when acting as a structured settlement purchase company and filing structured settlement transfer proceedings. (B) The surety bond or cash bond is payable to the State of South Carolina. (C) The surety bond or cash bond is effective concurrently with the applicant's registration with the Secretary and remains in effect for not less than three years after expiration or termination of that registration. The bond must be renewed each year when the registration of the applicant is renewed. (D) The applicant must submit to the Secretary a copy of the surety bond or cash bond with its initial or renewal application. (E) The surety bond or cash bond is intended to ensure that the structured settlement purchase company will comply with the provisions of this chapter relative to the payee and perform its obligations to the payee under this chapter, and to provide a source for recovery for the payee should a payee recover a judgment against a structured settlement purchase company for a violation of this chapter. (F) An applicant must remit to the Secretary a fee of one thousand two hundred and fifty dollars for an initial registration and two hundred dollars for a renewed registration. This fee must be retained by the Secretary to offset the costs of processing and maintaining the registration of structured settlement purchase companies required by the 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. § 15-69-30 — SC Code / Title 15 / Chapter 69 / Section 15-69-30
SECTION 15-69-30. Affidavit and requisites thereof.
Status: in_force

When a delivery is claimed an affidavit must be made by the plaintiff or by someone on his behalf showing: (1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth; (2) That the property is wrongfully detained by the defendant; (3) The alleged cause of the detention thereof, according to the affiant's best knowledge, information and belief; (4) That the property has not been taken for a tax, assessment or fine pursuant to a statute or seized under an execution or attachment against the property of the plaintiff or, if so seized, that it is by statute exempt from such seizure; and (5) The actual value of the property.
S.C. Code Ann. § 15-17-750 — SC Code / Title 15 / Chapter 17 / Article 7 / Section 15-17-750
SECTION 15-17-750. Exoneration of bail.
Status: in_force

The bail may be exonerated either (a) by the death of the defendant, (b) his imprisonment in a State prison, (c) his legal discharge from the obligation to render himself amenable to the process or (d) by his surrender to the sheriff or constable of the county in which he was arrested, in execution thereof, within twenty days after the commencement of the action against the bail or within such further time as may be granted by the court.
S.C. Code Ann. § 15-3-50 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-50
SECTION 15-3-50. Disability must exist when right accrued.
Status: in_force

No person shall avail himself of a disability unless it existed when his right of action accrued.
S.C. Code Ann. § 15-9-280 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-280
SECTION 15-9-280. Service on unauthorized insurer.
Status: in_force

(a) Any act of transacting an insurance business as set forth in Section 38-25-110 by an unauthorized insurer is equivalent to and constitutes an irrevocable appointment by the insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Secretary of State or his successor in office to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the Director of the Department of Insurance or his designee, or by the State and upon whom may be served any notice, order, pleading, or process in any proceeding before the Department of Insurance and which arises out of transacting an insurance business in this State by the insurer. Any act of transacting an insurance business in this State by an unauthorized insurer is signification of its agreement that any such lawful process in such court action, suit, or proceeding and any such notice, order, pleading, or process in such administrative proceeding before the Department of Insurance so served are of the same legal force and validity as personal service of process in this State upon the insurer. (b) Service of process in such action is made by delivering to and leaving with the Secretary of State, or some person in apparent charge of his office, two copies thereof and by payment to the Secretary of State of the fee prescribed by law. Service upon the Secretary of State as attorney is service upon the principal. (c) The Secretary of State shall immediately forward by certified mail one of the copies of the process or the notice, order, pleading, or process in proceedings before the Department of Insurance to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. The service is sufficient if: (1) notice of the service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within ten days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the Department of Insurance in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding; and (2) the defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in a court proceeding or of the Department of Insurance in an administrative proceeding, showing compliance therewith, are filed with the clerk of court in which the action, suit, or proceeding is pending or with the Department of Insurance in administrative proceedings, by the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within any further time as the court or the Department of Insurance may allow. (d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the Department of Insurance is served under this section until the expiration of thirty days from the date of filing of the affidavit of compliance. (e) Nothing in this section limits or affects the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law.
S.C. Code Ann. § 15-19-510 — SC Code / Title 15 / Chapter 19 / Article 5 / Section 15-19-510
SECTION 15-19-510. Authorization and issuance.
Status: in_force

In an action arising for the recovery of purchase money which is past due for any real or personal property, the plaintiff, at the time of the issuing of the summons or any time afterwards, may cause the property of the defendant for which the purchase money is payable to be attached in the manner prescribed in this article as a security for the satisfaction of such judgment as the plaintiff may recover. For the purposes of this section an action shall be deemed commenced when the summons is issued. The 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. The warrant of attachment may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claims and the grounds thereof, that the amount is due and that the action is brought for the purchase money of real estate or personal property which has been sold to the defendant and which he has refused or failed to pay. The plaintiff at the time of procuring such warrant of attachment shall file the affidavit upon which it is granted in the office of the clerk of court of common pleas or with the magistrate in which or before whom the action is to be tried.
S.C. Code Ann. § 15-51-60 — SC Code / Title 15 / Chapter 51 / Article 1 / Section 15-51-60
SECTION 15-51-60. Effect of action prior to death.
Status: in_force

The provisions of this article shall not apply to any case in which the person injured has, for such injury, brought action, which has proceeded to trial and final judgment before his or her death.
S.C. Code Ann. § 15-9-510 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-510
SECTION 15-9-510. Service of legal papers on patient in state mental health facility; duties of director of facility.
Status: in_force

The director of a state mental health facility must not accept service of legal papers, or consent to the appointment of a guardian ad litem, for any patient. When a legal paper is served on a patient in a facility, a copy of the legal paper must be filed with the director who shall cause it to be made a part of the permanent record of the patient. The director immediately, in writing, shall inform the court, out of which the process issued, of the date of service of the process, the procedure under which the patient was admitted to the facility, and the present mental and physical condition of the person. Effect of Amendment The 2008 amendment substituted "director" for "superintendent", deleted "or trainee", and made nonsubstantive changes throughout.
S.C. Code Ann. § 15-17-40 — SC Code / Title 15 / Chapter 17 / Article 1 / Section 15-17-40
SECTION 15-17-40. By whom order for arrest is made.
Status: in_force

An order for the arrest of the defendant must be obtained from a judge, magistrate or clerk of the court in which or before whom the action is brought.
S.C. Code Ann. § 15-9-245 — SC Code / Title 15 / Chapter 9 / Article 3 / Section 15-9-245
SECTION 15-9-245. Service of process on foreign corporation not authorized to do business in state.
Status: in_force

(a) Every foreign business or nonprofit corporation which is not authorized to do business in this State, by doing in this State, either itself or through an agent, any business, including any business activity for which authority need not be obtained as provided by Section 33-15-101, is considered to have designated the Secretary of State as its agent upon whom process against it may be served in any action or proceeding arising in any court in this State out of or in connection with the doing of any business in this State. (b) Service of the process is made by delivering to and leaving with the Secretary of State, or with any person designated by him to receive such service, duplicate copies of the process, notice, or demand. The Secretary of State immediately shall cause one of the copies to be forwarded by certified mail, addressed to the corporation either at its registered office in the jurisdiction of its incorporation, its principal place of business in the jurisdiction, or at the last address of the foreign business or nonprofit corporation known to the plaintiff, in that order. (c) Proof of service must be by affidavit of compliance with this section and filed, together with a copy of the process, with the clerk of court in which the action or proceeding is pending. There must be filed with the affidavit of compliance the return receipt signed by the foreign business or nonprofit corporation or other official proof of delivery or, if acceptance was refused, there must be filed the original or a photostated or certified copy of the envelope with a notation by the postal authorities that acceptance was refused. If acceptance was refused, a copy of the notice and process, together with notice of the mailing by certified mail and of refusal to accept must be sent promptly to the foreign business or nonprofit corporation. If this section is complied with, the refusal to accept delivery of the certified mail or to sign the return receipt shall not affect the validity of the service, and the foreign corporation refusing to accept the certified mail must be charged with knowledge of the contents thereof. (d) Service under this section may be made also by delivery of a copy of the process to any foreign business or nonprofit corporation outside the State. Proof of the delivery must be made by affidavit of the person making delivery, and the affidavit must be filed with the clerk of court in which the action or proceeding is pending. (e) The Secretary of State shall charge a fee of ten dollars for the service. (f) This section does not prescribe the only means, or necessarily the required means, of serving a foreign business or nonprofit corporation not authorized to do business in this State.
S.C. Code Ann. § 15-17-510 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-510
SECTION 15-17-510. Liability for nonattendance of jurors.
Status: in_force

The freeholders so summoned shall be liable to the same objections to be made by either party in the case which may be made to jurors in the court of common pleas and shall be liable to the same fines for nonattendance without sufficient cause to which jurors are for nonattendance at the courts. Such fines shall be imposed by the court of common pleas of the county. It shall be the duty of the clerk to return to the court the names of the freeholders who shall so neglect to attend, to be proceeded against as in the case of nonattending jurors.
S.C. Code Ann. § 15-38-10 — SC Code / Title 15 / Chapter 38 / Section 15-38-10
SECTION 15-38-10. Short title.
Status: in_force

This chapter may be cited as the Uniform Contribution Among Tortfeasors Act.
S.C. Code Ann. § 15-78-70 — SC Code / Title 15 / Chapter 78 / Section 15-78-70
SECTION 15-78-70. Liability for act of government employee; requirement that agency or political subdivision be named party defendant; effect of judgment or settlement.
Status: in_force

(a) This chapter constitutes the exclusive remedy for any tort committed by an employee of a governmental entity. An employee of a governmental entity who commits a tort while acting within the scope of his official duty is not liable therefor except as expressly provided for in subsection (b). (b) Nothing in this chapter may be construed to give an employee of a governmental entity immunity from suit and liability if it is proved that the employee's conduct was not within the scope of his official duties or that it constituted actual fraud, actual malice, intent to harm, or a crime involving moral turpitude. (c) Prior to January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section may in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession. On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State. (d) A settlement or judgment in an action or a settlement of a claim under this chapter constitutes a complete bar to any further action by the claimant against an employee or governmental entity by reason of the same occurrence. (e) Nothing in this chapter may be construed to give a director appointed pursuant to Section 58-31-20 immunity from suit and liability as set forth in Section 58-31-57. The State Fiscal Accountability Authority, Insurance Reserve Fund, is prohibited from providing insurance coverage for this individual liability; however, nothing shall prevent the Public Service Authority or its directors from obtaining insurance coverage from any other source. 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. Effect of Amendment The 2005 amendment added subsection (e).
S.C. Code Ann. § 15-61-390 — SC Code / Title 15 / Chapter 61 / Article 3 / Section 15-61-390
SECTION 15-61-390. Determination of manifest prejudice or injury to cotenants as a group.
Status: in_force

(A) In determining pursuant to Section 15-61-380(A) whether partition in kind or partition by allotment would result in manifest prejudice or manifest injury to the cotenants as a group, the court shall consider the following: (1) whether the heirs' property practicably can be divided among the cotenants; (2) whether partition in kind or partition by allotment would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (7) any other relevant factor. (B) The court may not consider any one factor in subsection (A) to be dispositive without weighing the totality of all relevant factors and circumstances. 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. § 15-48-80 — SC Code / Title 15 / Chapter 48 / Section 15-48-80
SECTION 15-48-80. Witnesses; subpoenas; depositions.
Status: in_force

(a) The arbitrators may issue (cause to be issued) subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. (b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. (c) All provisions of law compelling a person under subpoena to testify are applicable. (d) Fees for attendance as a witness shall be the same as for a witness in the circuit court.
S.C. Code Ann. § 15-17-260 — SC Code / Title 15 / Chapter 17 / Article 3 / Section 15-17-260
SECTION 15-17-260. Notice of justification; new bail.
Status: in_force

On the receipt of notice that the plaintiff does not accept the bail the sheriff or constable or the defendant may, within ten days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed notice of the justification of such bail or other bail, specifying the places of residence and occupation of the latter, before a judge or clerk of the court at a specified time and place, the time to be not less than five nor more than ten days thereafter. In case other bail be given there shall be a new undertaking in the form prescribed in SECTION 15-17-220.
S.C. Code Ann. § 15-3-320 — SC Code / Title 15 / Chapter 3 / Article 3 / Section 15-3-320
SECTION 15-3-320. Action by grantee from State.
Status: in_force

No action shall be brought for or in respect to real property by any person claiming by virtue of letters patent or grants from the State unless such action might have been commenced by the State as specified in this article in case such patent or grant had not been issued or made.
S.C. Code Ann. § 15-74-40 — SC Code / Title 15 / Chapter 74 / Section 15-74-40
SECTION 15-74-40. Neither regulatory authority of Department of Health and Environmental Control nor liability of producer or processor of defective food affected.
Status: in_force

The provisions of this act shall not be deemed to in any manner restrict the authority of the Department of Health and Environmental Control to regulate or ban the use or consumption of distressed food donated, collected or received for charitable purposes but deemed unfit for human consumption, nor shall the exemption from liability provided for in this chapter in any manner affect the liability of a producer or processor of food products for defects existing in a food product prior to the time such product became "distressed food" as defined in SECTION 15-74-10.
S.C. Code Ann. § 15-3-30 — SC Code / Title 15 / Chapter 3 / Article 1 / Section 15-3-30
SECTION 15-3-30. Exceptions where defendant is out of State.
Status: in_force

If when a cause of action shall accrue against any person he shall be out of the State, such action may be commenced within the terms in this chapter respectively limited after the return of such person into this State. And if, after such cause of action shall have accrued, such person shall depart from and reside out of this State or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
S.C. Code Ann. § 15-53-40 — SC Code / Title 15 / Chapter 53 / Section 15-53-40
SECTION 15-53-40. Construction of contract before or after breach.
Status: in_force

A contract may be construed either before or after there has been a breach thereof.
S.C. Code Ann. § 15-17-430 — SC Code / Title 15 / Chapter 17 / Article 5 / Section 15-17-430
SECTION 15-17-430. Clerk shall examine as to discharge of prisoner.
Status: in_force

Upon the day of such appearance if any of the creditors so summoned shall neglect or refuse to appear, upon affidavit made of the service of such rule or order in manner provided in SECTION 15-17-420, the clerk shall in a summary way examine into the matter of the petition, and hear what shall be alleged for or against the discharge of the petitioner from arrest and confinement.
S.C. Code Ann. § 15-43-110 — SC Code / Title 15 / Chapter 43 / Section 15-43-110
SECTION 15-43-110. Owner may secure release of building.
Status: in_force

If the owner appears and pays all costs of the proceeding and files a bond, with sureties to be approved by the court, in the full value of the property, to be ascertained by the court or, in vacation, by the county auditor's records, conditional that he will immediately abate the nuisance and prevent it from being established or kept therein within a period of one year thereafter, the court or, in vacation, the judge may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to the owner and the order of abatement cancelled so far as it may relate to such party. And if the proceeding be an action in equity and such bond be given and costs therein paid before judgment and order of abatement the action shall be thereby abated as to such building only. The release of the property under the provisions of this section shall not release it from judgment lien, penalty or liability to which it may be subject by law.
S.C. Code Ann. § 15-48-70 — SC Code / Title 15 / Chapter 48 / Section 15-48-70
SECTION 15-48-70. Representation by attorney.
Status: in_force

A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective.
S.C. Code Ann. § 15-37-130 — SC Code / Title 15 / Chapter 37 / Section 15-37-130
SECTION 15-37-130. Costs for references.
Status: in_force

Costs for references shall only be taxed for the number of days which the master shall certify to have been unavoidably necessary, and no costs shall be taxed for references in which no testimony has been taken or argument had.
S.C. Code Ann. § 15-31-150 — SC Code / Title 15 / Chapter 31 / Section 15-31-150
SECTION 15-31-150. Appointment of special referees; compensation; authority.
Status: repealed

The provisions of SECTIONS 14-2-50, 14-11-10 to 14-11-90; 14-11-310; 15-31-10 to 15-31-80; 15-39-380 to 15-39-400, and 15-39-490 shall not be construed as preventing a circuit court from appointing a special referee in the manner as provided in SECTION 15-31-140. Special referees shall be compensated by the parties involved. Special referees shall have the same authority as masters-in-equity and shall be accountable to the appointing court. Code Commissioner's Note At the direction of the Code Commissioner in 2010, the reference to 14-31-10 was changed to 15-31-10. Editor's Note Section 14-11-90, referred to in the text, was repealed by 1988 Act No. 678, Part V. Sections 15-31-10 to 15-31-80, and 15-31-140, referred to in the text, were repealed by 1985 Act No. 100, SECTION 2.
S.C. Code Ann. § 15-35-850 — SC Code / Title 15 / Chapter 35 / Article 9 / Section 15-35-850
SECTION 15-35-850. Termination of agency for service of process.
Status: in_force

Any such judgment creditor and his successor in interest may terminate such agency of such attorney or of such other agent appointed as provided in SECTION 15-35-840, by enrolling and entering in the record at any time a revocation of the agency and an appointment of some other competent person, whose name and address shall be clearly stated therein and who shall be a resident of this State, as such process agent.