reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-40. Trial; evidence of general reputation.

The action, when brought, shall be triable at the first term of court after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be competent for the purpose of proving the existence of the nuisance.
HISTORY: 1962 Code Section 10-1804; 1952 Code Section 10-1804; 1942 Code Section 577; 1932 Code Section 577; Civ. P. '22 Section 493; 1918 (30) 815.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-50. Immunity of witnesses.

The solicitor, Attorney General or other attorney representing the prosecution for violation of this chapter may, with the approval of the court, grant immunity to any witness called to testify in behalf of the prosecution.
HISTORY: 1962 Code Section 10-1805; 1952 Code Section 10-1805; 1942 Code Section 583; 1932 Code Section 583; Civ. P. '22 Section 499; 1918 (30) 817.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-60. Dismissal.

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.
HISTORY: 1962 Code Section 10-1806; 1952 Code Section 10-1806; 1942 Code Section 577; 1932 Code Section 577; Civ. P. '22 Section 493; 1918 (30) 815.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-70. Violation of injunction; punishment for contempt.

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.
HISTORY: 1962 Code Section 10-1807; 1952 Code Section 10-1807; 1942 Code Section 578; 1932 Code Section 578; Civ. P. '22 Section 494; 1918 (30) 815.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-80. Abatement; sale of fixtures; closing place for year.

If the existence of the nuisance be established in an action, as provided in this chapter or in a criminal proceeding, an order of abatement shall be entered as part of the judgment in the case. The order shall direct the removal from the building or place of all fixtures, furniture, musical instruments or movable property used in conducting the nuisance, shall direct the sale thereof in the manner provided for the sale of chattels under execution and shall direct the effectual closing of the building or place against its use for any purpose and so keeping it closed for a period of one year, unless sooner released.
HISTORY: 1962 Code Section 10-1808; 1952 Code Section 10-1808; 1942 Code Section 579; 1932 Code Section 579; Civ. P. '22 Section 495; 1918 (30) 816.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-90. Use of proceeds of sale of personal property.

The proceeds of the sale of the personal property, as provided in Section 15-43-80, shall be applied in the payment of the costs of the action and abatement, and the balance, if any, shall be paid to the defendant.
HISTORY: 1962 Code Section 10-1809; 1952 Code Section 10-1809; 1942 Code Section 580; 1932 Code Section 580; Civ. P. '22 Section 496; 1918 (30) 816.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-100. Entry or use of closed building as contempt.

If any person shall break and enter or use a building, erection or place so directed to be closed he shall be punished as for contempt, as provided in Section 15-43-70.
HISTORY: 1962 Code Section 10-1810; 1952 Code Section 10-1810; 1942 Code Section 579; 1932 Code Section 579; Civ. P. '22 Section 495; 1918 (30) 816.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-110. Owner may secure release of building.

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.
HISTORY: 1962 Code Section 10-1811; 1952 Code Section 10-1811; 1942 Code Section 581; 1932 Code Section 581; Civ. P. '22 Section 497; 1918 (30) 816.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-120. Notice shall be given to owner before action against him.

No proceeding against the owner of the real estate shall be commenced hereunder unless ten days' written notice be given by the prosecuting attorney to such owner or his agent and upon his failure thereafter to abate the nuisance.
HISTORY: 1962 Code Section 10-1812; 1952 Code Section 10-1812; 1942 Code Section 582; 1932 Code Section 582; Civ. P. '22 Section 498; 1918 (30) 817.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 43 - Abatement Of Nuisances › Section 15-43-130. Establishment of existence of nuisance in criminal proceeding.

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.
HISTORY: 1962 Code Section 10-1813; 1952 Code Section 10-1813; 1942 Code Section 580; 1932 Code Section 580; Civ. P. '22 Section 496; 1918 (30) 816.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-100. Short title.

This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act".
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-110. Definitions.

As used in this chapter:
(1) "Clerk of court" means a clerk of court who is duly elected for that county elected in each county pursuant to Section 14-17-10 and who is ex officio clerk of the court of general sessions, the family court, and all other courts of record in the county except as may be provided by the law establishing the other courts.
(2) "Foreign jurisdiction" means a state other than South Carolina.
(3) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, federally recognized Indian tribes, or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(a) attend and give testimony at a deposition;
(b) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(c) permit inspection of premises under the control of the person.
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-120. Issuance of subpoena.

(A) To request issuance of a subpoena under this chapter, a party must submit a foreign subpoena to the clerk of court of the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this State.
(B) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with the rules of court, promptly shall issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena must incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-130. Service of subpoena.

A subpoena issued by a clerk of court under Section 15-47-120 must be served in compliance with the applicable rules of court or statutes relating to the service of a subpoena in this State.
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-140. Deposition, production, and inspection.

When a subpoena issued under Section 15-47-120 commands a person to attend and give testimony at a deposition, produce designated books, documents, records, electronically stored information, or tangible items, or permit inspection of premises, the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with the South Carolina Rules of Civil Procedure relating to discovery.
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-150. Application to court.

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 15-47-120 must comply with the applicable rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted.
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 47 - Uniform Interstate Depositions And Discovery Act › Section 15-47-160. Uniformity of application and construction.

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.
HISTORY: 2010 Act No. 132, Section 1, eff March 30, 2010.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-10. Validity of arbitration agreement; exceptions from operation of chapter.

(a) A written agreement to submit any existing controversy to 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.
HISTORY: 1978 Act No. 492, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-20. Proceedings to compel or stay arbitration.

(a) On application of a party showing an agreement described in Section 15-48-10, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subdivision (a) of this section, the application shall be made therein. Otherwise and subject to Section 15-48-190, the application may be made in any court of competent jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
HISTORY: 1978 Act No. 492, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-30. Appointment of arbitrators.

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, there shall be three arbitrators with one chosen by the party making the demand for arbitration, one chosen by the party against whom demand is made and third being chosen by those two chosen by the parties.
HISTORY: 1978 Act No. 492, Section 3.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-50. Hearing; record thereof.

Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
(d) Upon the request of any party or arbitrator, the arbitrators shall cause to be made a record of the testimony and evidence introduced at the hearing.
HISTORY: 1978 Act No. 492, Section 5.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-60. Joinder of parties to arbitration.

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.
HISTORY: 1978 Act No. 492, Section 6.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-70. Representation by attorney.

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.
HISTORY: 1978 Act No. 492, Section 7.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-80. Witnesses; subpoenas; depositions.

(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.
HISTORY: 1978 Act No. 492, Section 8.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-90. Award.

(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.
HISTORY: 1978 Act No. 492, Section 9.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-100. Change of award by arbitrators.

On application of a party or, if an application to the court is pending under Sections 15-48-120, 15-48-130, 15-48-140, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (1) and (3) of subdivision (a) of Section 15-48-140, or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of Sections 15-48-120, 15-48-130 and 15-48-140.
HISTORY: 1978 Act No. 492, Section 10.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-110. Fees and expenses of arbitration.

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
HISTORY: 1978 Act No. 492, Section 11.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-120. Confirmation of an award.

Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in Sections 15-48-130 and 15-48-140.
HISTORY: 1978 Act No. 492, Section 12.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-130. Vacating an award.

(a) Upon application of a party, the court shall vacate an award where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) The arbitrators exceeded their powers;
(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of Section 15-48-50, as to prejudice substantially the rights of a party; or
(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under Section 15-48-20 and the party did not participate in the arbitration hearing without raising the objection;
But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(b) An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in item (5) of subsection (a) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with Section 15-48-30, or, if the award is vacated on grounds set forth in items (3) and (4) of subsection (a) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with Section 15-48-30. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
HISTORY: 1978 Act No. 492, Section 13.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-140. Modification or correction of award.

(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.
HISTORY: 1978 Act No. 492, Section 14.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-150. Judgment or decree on award.

Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
HISTORY: 1978 Act No. 492, Section 15.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-160. Judgment roll; docketing.

(a) On entry of judgment or decree, the clerk of court shall prepare the judgment roll consisting, to the extent filed, of the following:
(1) The agreement and each written extension of the time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying or correcting the award; and
(4) A copy of the judgment or decree.
(b) The judgment or decree may be docketed as if rendered in an action.
HISTORY: 1978 Act No. 492, Section 16.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-170. Applications to court.

Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
HISTORY: 1978 Act No. 492, Section 17.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-180. Court; jurisdiction; questions of law and fact.

The term "court" means any court of competent jurisdiction of this State. The making of an agreement described in Section 15-48-10 providing for arbitration in this State confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award thereunder. Unless otherwise provided by the arbitration agreement, when a dispute is submitted to arbitration, the arbitrators shall determine questions of both law and fact.
HISTORY: 1978 Act No. 492, Section 18.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-190. Venue.

An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this State, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
HISTORY: 1978 Act No. 492, Section 19.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 48 - Uniform Arbitration Act › Section 15-48-200. Appeals.

(a) An appeal may be taken from:
(1) An order denying an application to compel arbitration made under Section 15-48-20;
(2) An order granting an application to stay arbitration made under Section 15-48-20(b);
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to the provisions of this chapter.
(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
HISTORY: 1978 Act No. 492, Section 20.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 49 - Change Of Name › Section 15-49-10. Application for change of name.

(A) A person who has been a resident of the State of South Carolina for at least six months and who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.
(B) A parent who desires to change the name of his minor child may petition, in writing, a family court judge in the appropriate circuit. The other parent, if there is not one then the child, must be named as a party in the action unless waived by the court. The court shall appoint a guardian ad litem to represent the child. The court shall grant the petition if it finds that it is in the best interest of the child.
HISTORY: 1962 Code Section 48-51; 1952 Code Section 48-51; 1942 Code Section 8674; 1932 Code Section 8674; Civ. C. '22 Section 5573; Civ. C. '12 Section 3793; Civ. C. '02 Section 2699; G. S. 2067; R. S. 2199; 1814 (5) 718; 1962 (52) 1656; 1990 Act No. 344, Section 1; 2022 Act No. 183 (H.3271), Section 1, eff May 16, 2022.
Effect of Amendment
2022 Act No. 183, Section 1, in (A), inserted "has been a resident of the State of South Carolina for at least six months and who" following "A person who".
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 49 - Change Of Name › Section 15-49-30. Filing fee.

The filing fee provided in Section 8-21-310(C)(1) applies with respect to an action for change of name.
HISTORY: 1962 Code Section 48-53; 1952 Code Section 48-53; 1942 Code Section 8676; 1932 Code Section 8676; Civ. C. '22 Section 5575; Civ. C. '12 Section 3795; Civ. C. '02 Section 2701; G. S. 2069; R. S. 2201; 1814 (5) 718; 1990 Act No. 531, Section 3.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 49 - Change Of Name › Section 15-49-40. Use of new name in legal proceedings; effect on pending proceedings.

The person so changing his name may thereafter sue and 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.
HISTORY: 1962 Code Section 48-54; 1952 Code Section 48-54; 1942 Code Section 8677; 1932 Code Section 8677; Civ. C. '22 Section 5576; Civ. C. '12 Section 3796; Civ. C. '02 Section 2702; G. S. 2070; R. S. 2202; 1814 (5) 719.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 49 - Change Of Name › Section 15-49-50. Effect of change on old obligations.

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.
HISTORY: 1962 Code Section 48-55; 1952 Code Section 48-55; 1942 Code Section 8678; 1932 Code Section 8678; Civ. C. '22 Section 5577; Civ. C. '12 Section 3797; Civ. C. '02 Section 2703; G. S. 2071; R. S. 2203; 1814 (5) 719.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-30. Transfer agreements; disclosure statements.

Not less than ten days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, including:
(1) amounts and due dates of the structured settlement payments being transferred;
(2) aggregate amount of the payments;
(3) discounted present value of the payments being transferred, which must be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value;
(4) gross advance amount;
(5) itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of the fees and disbursements;
(6) the effective annual interest rate, which must be disclosed in a statement in the following form: "On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ___ percent per year.";
(7) net advance amount;
(8) amount of penalties or liquidated damages payable by the payee if the payee breaches the transfer agreement;
(9) a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee;
(10) that the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to the transfer of any structured settlement payment rights. The notice must also contain: "It is prohibited for us to refer you to a specific independent professional adviser. We may refer you to a state or local referral service, bar association, legal aid, or any other entity unrelated to us which assists people with locating independent professional advice, if requested"; and
(11) that the payee has the right to seek out and consider additional offers for transferring the structured settlement payment rights and should do so.
HISTORY: 2002 Act No. 252, Section 1; 2023 Act No. 22 (S.259), Section 3, eff July 1, 2023.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
Effect of Amendment
2023 Act No. 22, Section 3, in the first undesignated paragraph, substituted "ten days" for "three days", inserted (6) and redesignated former (6) to (8) as (7) to (9), respectively, added (10) and (11), and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-50. Rights and obligations of obligors; discharge of liability.

Following a transfer of structured settlement payment rights pursuant to this chapter:
(1) the structured settlement obligor and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from liability for the redirected payments. Such discharge and release shall not be affected by the failure of any party to the transfer to comply with this chapter or with the court order approving the transfer;
(2) the transferee is liable to the structured settlement obligor and the annuity issuer:
(a) for taxes incurred by the parties as a consequence of the transfer if the transfer contravenes the terms of the structured settlement; and
(b) for other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by the parties with the requirements of this chapter, with the order of the court, or for costs arising as a consequence of the transferee's failure to comply with this chapter;
(3) neither the annuity issuer nor the structured settlement obligor is required to divide a periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
(4) any further transfer of structured settlement payment rights by the payee may be made only after compliance with all the requirements of this chapter.
HISTORY: 2002 Act No. 252, Section 1; 2023 Act No. 22 (S.259), Section 5, eff July 1, 2023.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
Effect of Amendment
2023 Act No. 22, Section 5, rewrote (1), and in (2)(b), substituted "requirements of this chapter, with the order of the court, or for costs" for "order of the court or".
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-70. Scope of transfer agreement.

(A) The provisions of this chapter may not be waived by a payee.
(B) A transfer agreement entered into by a payee who resides in this State must provide that disputes under the transfer agreement, including a claim that the payee has breached the agreement, must be determined pursuant to the laws of this State. A transfer agreement shall not authorize the transferee or another party to confess judgment or consent to entry of judgment against the payee.
(C) Transfer of structured settlement payment rights do not extend to payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:
(1) periodically confirming the payee's survival; and
(2) giving the annuity issuer and the structured settlement obligor prompt written notice if the payee dies.
(D) A payee who proposes to make a transfer of structured settlement payment rights does not incur any penalty, forfeit any application fee or other payment, or otherwise incur a liability to the proposed transferee or an assignee based on a failure of the transfer to satisfy the conditions of this chapter.
(E) This chapter does not authorize a transfer of structured settlement payment rights in contravention of law.
(F) Compliance with the requirements of Section 15-50-30 and fulfillment of the conditions in Section 15-50-40 are the sole responsibility of the transferee in a transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bears responsibility for, or liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
HISTORY: 2002 Act No. 252, Section 1; 2023 Act No. 22 (S.259), Section 7, eff July 1, 2023.
Editor's Note
2023 Act No. 22, Section 20, provides as follows:
"SECTION 20. SECTION 9 through SECTION 16 take effect on January 1, 2024. All other SECTIONS take effect on July 1, 2023, and apply to applications filed on or after the effective date."
Effect of Amendment
2023 Act No. 22, Section 7, in (B), in the first sentence, deleted "on or after the effective date of this chapter" following "entered into", and in the second sentence, substituted "shall not authorize" for "may not authorize"; and in (E), deleted "nor imply that a transfer under a transfer agreement entered into before the effective date of this chapter is valid or invalid" from the end.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-80. Attorney guardian ad litems to advise the court.

(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.
HISTORY: 2023 Act No. 22 (S.259), Section 8, eff July 1, 2023.
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."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 50 - Structured Settlement Protection Act › Section 15-50-90. Structured settlement purchase companies to register with Secretary of State.

Section effective January 1, 2024.
A person shall not act as a transferee, attempt to acquire structured settlement payment rights through a transfer from a payee who resides in this State, or file a structured settlement transfer proceeding unless the person is registered with the Secretary to do business in this State as a structured settlement purchase company.
HISTORY: 2023 Act No. 22 (S.259), Section 9, eff January 1, 2024.
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."