reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-170. Drawing and summoning jurors by computer.

In lieu of the manner required by this chapter, jurors for municipal courts, at the discretion of the governing body of the municipality, may be drawn and summoned by computer in the manner the Supreme Court by order directs.
HISTORY: 1990 Act No. 495, Section 1, eff May 29, 1990.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-175. Disposition of names drawn.

Upon the adjournment of the court, the clerk having the custody of the names drawn under any method in this chapter shall take the names or numbers of the jurors who appeared and shall return these ballots or numbers to Compartment "B" of the jury box, and the ballots or numbers corresponding to the names of the jurors who were unable to appear or who were excused by the municipal judge shall be returned to Compartment "A" of the jury box. When all names or numbers in Compartment "A" have been exhausted, the names or numbers from Compartment "B" shall be returned to Compartment "A" and thereafter juries shall continue to be drawn therefrom in the manner provided herein.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-540 and 14-25-670.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-180. Essential service to business excuse.

Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the municipal judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
HISTORY: 2000 Act No. 394, Section 4, eff August 4, 2000.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-185. Failure of juror to appear.

Any juror who, being duly summoned, shall neglect or refuse to appear in obedience to any summons issued by any municipal court, and shall not within forty-eight hours render to the municipal judge a sufficient reason for his delinquency, may be punished for contempt.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-430.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-195. Right to record proceedings.

Any party shall have the right to have the testimony given at a jury trial in any municipal court taken stenographically or mechanically by a reporter; provided, that nothing herein shall operate to prevent any such party from mechanically recording the proceedings himself. The requesting party shall pay the charges of such reporter for taking and transcribing if such testimony is recorded by a municipal court reporter.
HISTORY: 1980 Act No. 480, eff January 1, 1981.
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Sections 14-25-40 and 14-25-960.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-205. Consolidated political subdivisions.

In the event a consolidated political subdivision is created under the Constitution and laws of this State, the provisions of this chapter shall apply to the creation and operation of courts for such consolidated political subdivision mutatis mutandi.
HISTORY: 1980 Act No. 480, eff January 1, 1980.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-250. Municipal judges shall report disposition of each criminal case.

(A) Each municipal judge shall report the disposition of each criminal case to the State Law Enforcement Division within five days, weekends and holidays excluded.
(B) A municipal judge shall also report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any:
(1) restraining orders and emergency restraining orders;
(2) municipal court orders of protection from domestic abuse act orders;
(3) orders of state firearms prohibition pursuant to Section 16-25-30; and
(4) any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, but only upon being directed to transmit such orders by the appropriate judge. For any form orders provided by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the judge may select, when appropriate, to order the clerk to transmit the appropriate information to SLED.
(C) The reporting required by this section must be in a format approved by the State Law Enforcement Division and Court Administration.
HISTORY: 2021 Act No. 66 (H.3094), Section 10.C, eff October 1, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 25 - Municipal Courts › Section 14-25-810. Authority of recorders to suspend sentences.

The recorders of the cities in this State having a population in excess of sixty thousand may in their discretion suspend sentences imposed by them in such cases as come within their jurisdiction upon such terms as in their discretion may seem fit and proper.
HISTORY: 1962 Code Section 15-991; 1952 Code Section 15-991; 1942 Code Section 1039-3; 1932 (37) 1353.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-20. Composition.

The Judicial Council is composed of the following:
(1) the Chief Justice of the Supreme Court of South Carolina or some other member of the court designated by him or her;
(2) the Chief Judge of the South Carolina Court of Appeals;
(3) two circuit court judges of the State;
(4) two family court judges of the State;
(5) two probate judges of the State;
(6) the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors;
(7) the Dean or a member of the faculty of the Law School of the University of South Carolina;
(8) one person recommended by the Charleston School of Law;
(9) the President of the South Carolina Bar or his designee;
(10) the President of the Senate or his designee;
(11) the Speaker of the House of Representatives or his designee;
(12) the Chairman of the Senate Finance Committee or his designee;
(13) the Chairman of the House Ways and Means Committee or his designee;
(14) the Chairman of the Senate Judiciary Committee or his designee;
(15) the Chairman of the House Judiciary Committee or his designee;
(16) the Director of the Legislative Council;
(17) six other members, of whom at least four must be members of the bar of this State;
(18) two summary court judges: one shall be a magistrate court judge, and one shall be a municipal court judge; and
(19) two masters-in-equity.
HISTORY: 1962 Code Section 15-2102; 1957 (50) 43; 1973 (58) 332; 1977 Act No. 112 Section 1; 1988 Act No. 678, Part III, Section 1, eff January 1, 1989; 2012 Act No. 244, Section 1, eff June 18, 2012; 2019 Act No. 1 (S.2), Section 89, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 89, in (10), substituted "President of the Senate" for "Lieutenant Governor".
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-30. Chief Justice shall appoint certain members; other shall serve ex officio.

(A) The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit court judges; the two family court judges; the two probate judges; the two summary court judges; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the Dean or member of the faculty of the Law School of the University of South Carolina; one person recommended by the Charleston School of Law; and the six remaining members of the Judicial Council.
(B) The President of the Senate, the Speaker of the House or their designees, the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the President of the South Carolina Bar or his designee all serve ex officio.
HISTORY: 1962 Code Section 15-2103; 1957 (50) 43; 1977 Act No. 112 Section 2; 1988 Act No. 678, Part III, Section 2, eff January 1, 1989; 2012 Act No. 244, Section 2, eff June 18, 2012; 2019 Act No. 1 (S.2), Section 90, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 90, inserted the (A) and (B) designators; and in (B), substituted "The President of the Senate" for "The Lieutenant Governor".
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-40. Terms.

Members of the Judicial Council serve for the following terms:
(1) If he designates no other member of the Supreme Court, the Chief Justice serves during his term of office. If the Chief Justice designates some other member of the court, the other member serves during his term of office.
(2) The President of the Senate, Speaker of the House or their designees, and the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees serve during their respective terms as those officers.
(3) The person recommended by the South Carolina Bar and appointed by the Chief Justice serves coterminous with the term of the President of the South Carolina Bar who makes the recommendation of the person for appointment.
(4) The Chief Judge of the South Carolina Court of Appeals serves during his term of office.
(5) The member of the legal department of the State (Attorney General, one of the Assistant Attorneys General, or one of the circuit solicitors) serves for a period of four years.
(6) The Dean or member of the faculty of the Law School of the University of South Carolina and the person recommended by the Charleston School of Law serve for a period of four years.
(7) The two circuit court judges serve for a period of four years each.
(8) The two family court judges serve for a period of four years each.
(9) The two judges of the probate courts serve for a period of four years each.
(10) The Director of the Legislative Council serves during his term of office.
(11) The two summary court judges serve for a period of four years each.
(12) The two masters-in-equity serve for a period of four years each.
(13) Three of the remaining six members of the Judicial Council must be appointed initially for terms of two years each, and three members must be appointed initially for terms of four years each. After the initial appointments, all six members must be appointed for terms of four years each.
The members designated in items (4), (5), (6), (7), (8), (9), (11), and (12) cease to be members of the Judicial Council before the expiration of their respective terms if they cease to hold the official positions entitling them to membership on the Judicial Council.
HISTORY: 1962 Code Section 15-2104; 1957 (50) 43; 1977 Act No. 112 Section 3; 1988 Act No. 678, Part III, Section 3, eff January 1, 1989; 2012 Act No. 244, Section 3, eff June 18, 2012; 2019 Act No. 1 (S.2), Section 91, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 91, in (2), substituted "The President of the Senate" for "The Lieutenant Governor".
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-60. Authorization for per diem, subsistence, and mileage.

Members of the council shall receive for each meeting attended the per diem, subsistence, and mileage provided by law for members of state boards, commissions, and committees which must be paid from appropriations provided by the General Assembly for the operation of the council. The secretary of the council shall approve all vouchers.
HISTORY: 1962 Code Section 15-2106; 1957 (50) 43; 1988 Act No. 368, eff March 14, 1988.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-70. Duties.

The Judicial Council shall have the following duties:
(1) To make a continuous study and survey of the administration of justice in this State, and of the organization, procedure, practice, rules and methods of administration and operation of each and all of the courts of the State, whether of record or not of record, and of each and all of the agencies, boards, commissions, bodies and officers of the State having and exercising quasi-judicial functions and powers;
(2) To receive and to consider and, in its discretion, to investigate criticisms and suggestions pertaining to the administration of justice in the State;
(3) To collect, compile, analyze and publish statistical and other information concerning the work of the courts of the State and such other information as the Council may prescribe from time to time; and
(4) To recommend to the General Assembly or to the courts of the State or to any officer or department of the State, either upon request or upon the Council's own motion, such changes in the law or in the rules, organization, operation or methods of conducting the business of the courts, and of each and all of the agencies, boards, commissions, bodies and offices of the State having and exercising quasi-judicial functions and powers, or with respect to any other matter pertaining to the administration of justice, as it may deem desirable.
HISTORY: 1962 Code Section 15-2107; 1957 (50) 43.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-80. Duties of certain members performed as part of the duties of their offices.

The duties performed by the Chief Justice of the Supreme Court, or other member of that court designated by him, by the circuit judges, inferior court judges and probate judges, by members of the legal department of the State, and by the President of the Senate, Speaker of the House, legislative members, Director of the Legislative Council and Dean of the Law School of the University of South Carolina shall be performed as a part of the duties of their respective offices.
HISTORY: 1962 Code Section 15-2108; 1957 (50) 43; 2019 Act No. 1 (S.2), Section 92, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 92, substituted "President of the Senate" for "Lieutenant Governor", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-90. Certain officials shall make reports.

The judges and clerks of the courts of the State, and the sheriffs, solicitors and other officers of the State and its subdivisions, shall render to the Council such reports as it may request upon matters within the scope of its duties.
HISTORY: 1962 Code Section 15-2109; 1957 (50) 43.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 27 - Judicial Council › Section 14-27-100. Receipt and expenditure of funds.

The Council may receive and expend funds received as grants, appropriations or gifts from foundations or any other source in connection with the duties of the Judicial Council, including studies and surveys looking towards the improvement of the administration of justice.
HISTORY: 1962 Code Section 15-2110; 1957 (50) 43.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 29 - Veterans Treatment Court Program › Section 14-29-20. Purpose of chapter.

The General Assembly recognizes the success of various other states' veterans court initiatives in rehabilitating certain nonviolent offenders who are veterans of a military conflict in which the United States military is or has been involved. The purpose of this chapter is to divert qualifying nonviolent military veteran offenders away from the criminal justice system and into appropriate treatment programs, thereby reserving prison space for violent criminals and others for whom incarceration is the only reasonable alternative.
HISTORY: 2014 Act No. 280 (H.3014), Section 1, eff June 10, 2014.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 29 - Veterans Treatment Court Program › Section 14-29-30. Veterans treatment court programs may be established.

Each circuit solicitor may establish a veterans treatment court program. Each circuit solicitor that accepts state funding for the implementation of a veterans treatment court program must establish and administer at least one veterans treatment court program for the circuit within one hundred eighty days of receipt of funding. The circuit solicitor must administer the program and ensure that all eligible persons are permitted to apply for admission to the program.
HISTORY: 2014 Act No. 280 (H.3014), Section 1, eff June 10, 2014.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 31 - Mental Health Court Program › Section 14-31-20. Purpose of chapter.

The purpose of this chapter is to divert qualifying mentally ill offenders away from the criminal justice system and into appropriate treatment programs, thereby reserving prison space for violent criminals and others for whom incarceration is the only reasonable alternative. Offenders with a diagnosed, or diagnosable mental illness generally recognized in the psychiatric community, qualify for participation in a mental health court program.
HISTORY: 2015 Act No. 30 (S.426), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 31 - Mental Health Court Program › Section 14-31-30. Definitions.

The following definitions shall apply to this chapter:
(1) "Pre-adjudicatory mental health court program" means a program that allows an offender to expedite the offender's criminal case before conviction and requires successful completion of the mental health court program as part of the agreement.
(2) "Post-adjudicatory mental health court program" means a program in which an offender has admitted guilt or has been found guilty and agrees to enter a mental health court program as part of the offender's sentence.
(3) "Combination mental health court program" means a mental health court program that includes a pre-adjudicatory mental health court program and a post-adjudicatory mental health court program.
HISTORY: 2015 Act No. 30 (S.426), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 31 - Mental Health Court Program › Section 14-31-40. Mental health court program established; appointment of mental health judges; civil liability protection and immunities.

(A)(1)(a) Except as provided in item (2), each circuit solicitor may establish a mental health court program under one of the formats defined in Section 14-31-30. An offender arrested or convicted for any charges, except those excluded under the provisions of Section 16-1-130, who are suffering from a diagnosed, or diagnosable mental illness, including those with a co-concurring disorder of substance abuse, may be eligible for referral to a mental health court program. In cases involving victims, proper notice shall be given to victims pursuant to Section 16-3-1525. Proper notice to a victim is not achieved unless reasonable attempts are made to contact the victim and the victim is either nonresponsive or cannot be located after a reasonable search.
(b) Each circuit solicitor that accepts state funding for the implementation of a mental health treatment court program must establish and administer at least one mental health court program for the circuit within one hundred eighty days of receipt of funding. The circuit solicitor must administer the program and ensure that all eligible persons are permitted to apply for admission to the program.
(2) Mental health court programs established pursuant to an administrative order issued by the Chief Justice of the South Carolina Supreme Court shall continue to operate pursuant to the terms and conditions of the court's orders pertaining to that mental health court program. To the extent that provisions contained in this chapter conflict with provisions contained in those Supreme Court administrative orders, the provisions of the administrative orders shall control.
(B) The Chief Justice of the South Carolina Supreme Court shall appoint all mental health court judges for mental health courts operating pursuant to subsection (A)(1) and (2). Service as a mental health court judge shall be at the pleasure of the Chief Justice and shall be subject to any limitations and directives issued by the Chief Justice. In order to be appointed as a mental health court judge, a person must be a probate judge, a summary court judge, or an active or retired member of the state's unified judicial system. Service as a mental health court judge is voluntary.
(C) Mental health court judges are entitled to the same protections from civil liability and immunities as judicial office holders in this State.
HISTORY: 2015 Act No. 30 (S.426), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-10. Rules of construction.

The rule of common law that statutes in derogation of that law are to be strictly construed has no application to this Title.
HISTORY: 1962 Code Section 10-1; 1952 Code Section 10-1; 1942 Code Section 902; 1932 Code Section 902; Civ. P. '22 Section 850; Civ. P. '12 Section 487; Civ. P. '02 Section 448; 1870 (14) Section 470.
Editor's Note
1985 Act No. 100, Section 3, provides as follows:
"SECTION 3. In event of conflict between any provision of the South Carolina Rules of Civil Procedure and any other statutory provisions as to practice and procedure not repealed in this act, the provision of the rules shall control. However, neither the promulgation of the rules nor this act may be construed to affect the substantive legal rights of any party to any civil litigation in the courts of this State but shall affect only matters of practice and procedure."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-30. "Real property" and "real estate" defined.

The words "real property" and "real estate" as used in this Title are coextensive with lands, tenements and hereditaments.
HISTORY: 1962 Code Section 10-3; 1952 Code Section 10-3; 1942 Code Section 897; 1932 Code Section 897; Civ. P. '22 Section 845; Civ. P. '12 Section 482; Civ. P. '02 Section 444; 1870 (14) Section 466.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-40. "Personal property" defined.

The words "personal property," as used in this Title, include money, goods, chattels, things in action and evidences of debt.
HISTORY: 1962 Code Section 10-4; 1952 Code Section 10-4; 1942 Code Section 898; 1932 Code Section 898; Civ. P. '22 Section 846; Civ. P. '12 Section 483; Civ. P. '02 Section 445; 1870 (14) Section 467.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-50. "Property" defined.

The word "property," as used in this Title, includes both real and personal property.
HISTORY: 1962 Code Section 10-5; 1952 Code Section 10-5; 1942 Code Section 899; 1932 Code Section 899; Civ. P. '22 Section 847; Civ. P. '12 Section 484; Civ. P. '02 Section 446; 1870 (14) Section 468.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-60. "Clerk" defined.

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.
HISTORY: 1962 Code Section 10-6; 1952 Code Section 10-6; 1942 Code Section 900; 1932 Code Section 900; Civ. P. '22 Section 848; Civ. P. '12 Section 485; Civ. P. '02 Section 447; 1870 (14) 469; 1999 Act No. 55, Section 18.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-220. Filing of undertakings.

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.
HISTORY: 1962 Code Section 10-22; 1952 Code Section 10-22; 1942 Code Section 824; 1932 Code Section 824; Civ. P. '22 Section 772; Civ. P. '12 Section 458; Civ. P. '02 Section 420; 1870 (14) 521 Section 438.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-230. Bonds in judicial proceedings.

In all judicial proceedings, whenever it may become necessary for any party thereto to give a bond for any purpose, the bond of such party having as surety thereon any surety company authorized to do business in this State may be accepted by any officer or court whose duty is to approve such bond, without other surety. The provisions of this section shall apply to bonds given in connection with any appellate proceeding for the purpose of obtaining supersedeas or for any other purpose. And in all actions or proceedings the party entitled to recover costs may include therein such reasonable sum as may have been paid such company executing or guaranteeing any bond or undertaking therein. No person having the approval of any such bond shall exact that it be furnished by a guaranty company or any particular guaranty company.
HISTORY: 1962 Code Section 10-23; 1952 Code Section 10-23; 1942 Code Section 3058; 1932 Code Section 3058; Civ. C. '22 Section 749; Civ. C. '12 Section 667; Civ. C. '02 Section 599; R. S. 517; 1892 (21) 76; 1894 (21) 757; 1896 (22) 28; 1912 (27) 703; 1947 (45) 322.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-240. Sheriff shall not take attorney at law or officer of court as bail.

No sheriff shall take any attorney at law or officer of court as bail for any person whomsoever in any civil case.
HISTORY: 1962 Code Section 10-24; 1952 Code Section 10-23.1; 1942 Code Section 3526; 1932 Code Section 3526; Civ. C. '22 Section 2069; Civ. C. '12 Section 1176; Civ. C. '02 Section 851; G. S. 667; R. S. 731; 1839 (11) 45.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-250. Cash deposit in lieu of bond.

Whenever it shall be necessary for a party to any action or proceeding to give a bond or an undertaking with surety or sureties he may, in lieu thereof, deposit with the officer or into the court, as the case may require, money to the amount for which the bond or undertaking is to be given. The court in which such action or proceeding is pending may direct what disposition shall be made of such money, pending the action or proceeding. In any case in which, by this section, the money is to be deposited with an officer, a judge of the court, in term or at chambers, upon the application of either party, may, before such deposit is made, order it to be deposited in court instead of with such officer and a deposit made pursuant to such order shall be of the same effect as if made with such officer.
HISTORY: 1962 Code Section 10-25; 1952 Code Section 10-25; 1942 Code Sections 347, 783; 1932 Code Sections 347, 783; Civ. P. '22 Sections 303, 648; Civ. C. '12 Section 3936; Civ. P. '12 Section 386; Civ. C. '02 Section 2833; Civ. P. '02 Section 347; 1870 (14) 502 Section 360; 1897 (22) 424.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-260. Payment of deposit in lieu of bond.

Whenever such bond, recognizance or undertaking is required or authorized to be given in any civil proceeding:
(1) In the courts of common pleas of this State the sum of money deposited in lieu thereof shall be paid to the clerk of the court of common pleas in which such proceeding is pending;
(2) In the Supreme Court or court of appeals of this State the sum of money shall be paid to the clerk of that appellate court;
(3) In the probate courts of this State such sum of money shall be paid to the judge of the court of probate in which the proceeding is pending; and
(4) In a magistrate's court or other court of inferior jurisdiction, such sum of money shall be paid to the clerk of the court of common pleas for the county in which such magistrate's court or other court of inferior jurisdiction shall be.
HISTORY: 1962 Code Section 10-26; 1952 Code Section 10-26; 1942 Code Section 348; 1932 Code Section 348; Civ. P. '22 Section 304; Civ. C. '12 Section 3937; Civ. C. '02 Section 2834; 1897 (22) 424; 1999 Act No. 55, Section 19.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-270. Receipt for deposit.

Whenever any sum of money is so deposited in lieu of a bond, recognizance or undertaking the person depositing it shall be entitled to a receipt therefor, stating that such sum of money has been deposited and is held for the same purpose as would have been specified and conditioned in the bond, recognizance or undertaking in lieu whereof such sum of money is so deposited.
HISTORY: 1962 Code Section 10-27; 1952 Code Section 10-27; 1942 Code Section 349; 1932 Code Section 349; Civ. P. '22 Section 305; Civ. C. '12 Section 3938; Civ. C. '02 Section 2835; 1897 (22) 424.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-280. Return of deposit.

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.
HISTORY: 1962 Code Section 10-28; 1952 Code Section 10-28; 1942 Code Section 349; 1932 Code Section 349; Civ. P. '22 Section 305; Civ. C. '12 Section 3938; Civ. C. '02 Section 2835; 1897 (22) 424.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-290. Liability for injury to guests in car.

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.
HISTORY: 1962 Code Section 46-801; 1952 Code Section 46-801; 1942 Code Section 5908; 1932 Code Section 5908; 1930 (36) 1164; 1935 (39) 356.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-300. Contributory negligence shall not bar recovery in motor vehicle accident action.

In any motor vehicle accident, contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such contributory negligence was equal to or less than the negligence which must be established in order to recover from the party against whom recovery is sought.
HISTORY: 1962 Code Section 46-802.1; 1974 (58) 2718.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-310. Liability for emergency care rendered at scene of accident.

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.
HISTORY: 1962 Code Section 46-803; 1964 (53) 2164.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-320. References to minors in State laws mean persons under age of 18 years; exceptions; presumption that minors were persons under age of 21 in certain wills, trusts and deeds.

(a) All references to minors in the law of this 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.
HISTORY: 1976 Act No. 695, Sections 2, 3.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-330. "Year 2000" computer failure immunity.

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.
HISTORY: 1999 Act No. 100, Part II, Section 69.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 1 - General Provisions › Section 15-1-340. Right of service member to proceed in civil action; providing evidence by video-camera or other electronic means.

(A) A service member who is entitled to a stay in civil proceedings pursuant to the Service Members Civil Relief Act, 50 U.S.C. App. Section 501, et seq. may elect to proceed while the service member is reasonably unavailable to appear in the geographical location in which the litigation is pursued and may seek relief and provide evidence through video-conferencing, Internet camera, email, or another reasonable electronic means. Testimony presented must be made under oath, in a manner viewable by all parties, and in the presence of a court reporter. In matters when a party who is physically present in the State is permitted to use affidavits or seek temporary relief, the service member may submit testimony by affidavit.
(B) The court must allow a party to proceed pursuant to this section unless an opposing party establishes a compelling reason not to proceed by clear and convincing evidence. The court must allow a party to present evidence pursuant to a method provided by this section unless an opposing party established that the method will cause a substantial injustice, deny effective cross examination, deny the right to confront the witness, or abridge another constitutional right.
HISTORY: 2009 Act No. 25, Section 2, eff June 2, 2009.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-20. General rule as to time for commencement.

(A) Civil actions may only be commenced within the periods 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.
HISTORY: 1962 Code Section 10-102; 1952 Code Section 10-102; 1942 Code Section 356; 1932 Code Section 356; Civ. P. '22 Section 313; Civ. P. '12 Section 119; Civ. P. '02 Section 94; 1870 (14) 444 Section 97; 2002 Act No. 281, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-30. Exceptions where defendant is out of State.

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.
HISTORY: 1962 Code Section 10-103; 1952 Code Section 10-103; 1942 Code Section 358; 1932 Code Section 358; Civ. P. '22 Section 341; Civ. P. '12 Section 147; Civ. P. '02 Section 121; 1870 (14) 448 Section 123.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-40. Exceptions as to persons under disability.

If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued either:
(1) within the age of eighteen years; or
(2) insane;
the time of the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:
(a) more than five years by any such disability, except infancy; nor
(b) in any case longer than one year after the disability ceases.
HISTORY: 1962 Code Section 10-104; 1952 Code Section 10-104; 1942 Code Section 359; 1932 Code Section 359; Civ. P. '22 Section 342; Civ. P. '12 Section 148; Civ. P. '02 Section 122; 1870 (14) 448 Section 124; 1918 (30) 715; 1976 Act No. 695, Section 1; 1988 Act No. 352, Section 1; 1996 Act No. 234, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-50. Disability must exist when right accrued.

No person shall avail himself of a disability unless it existed when his right of action accrued.
HISTORY: 1962 Code Section 10-105; 1952 Code Section 10-105; 1942 Code Section 364; 1932 Code Section 364; Civ. P. '22 Section 347; Civ. P. '12 Section 153; Civ. P. '02 Section 127; 1870 (14) 448 Section 129.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-60. Effect of two or more disabilities.

When two or more disabilities shall coexist at the time the right of action accrues the limitation shall not attach until they all be removed.
HISTORY: 1962 Code Section 10-106; 1952 Code Section 10-106; 1942 Code Section 365; 1932 Code Section 365; Civ. P. '22 Section 348; Civ. P. '12 Section 154; Civ. P. '02 Section 128; 1870 (14) 448 Section 130.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-80. Suits by and against enemy aliens.

When a person shall be an alien subject or citizen of a country at war with the United States the time of the continuance of the war shall not be a part of the period limited for the commencement of the action.
HISTORY: 1962 Code Section 10-108; 1952 Code Section 10-108; 1942 Code Section 361; 1932 Code Section 361; Civ. P. '22 Section 344; Civ. P. '12 Section 150; Civ. P. '02 Section 124; 1870 (14) 448 Section 126.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-90. Effect of reversal of judgment.

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.
HISTORY: 1962 Code Section 10-109; 1952 Code Section 10-109; 1942 Code Section 362; 1932 Code Section 362; Civ. P. '22 Section 345; Civ. P. '12 Section 151; Civ. P. '02 Section 125; 1870 (14) 448 Section 127.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-100. Effect of stay of action by injunction or statutory prohibition.

When the commencement of an action shall be stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition shall not be part of the time limited for the commencement of the action.
HISTORY: 1962 Code Section 10-110; 1952 Code Section 10-110; 1942 Code Section 363; 1932 Code Section 363; Civ. P. '22 Section 346; Civ. P. '12 Section 152; Civ. P. '02 Section 126; 1870 (14) 448 Section 128.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-110. Limitations are not applicable to bills, notes or other evidences of debt of moneyed corporations.

This chapter shall not affect actions to enforce the payment of bills, notes or other evidences of debt issued by moneyed corporations or issued or put in circulation as money.
HISTORY: 1962 Code Section 10-111; 1952 Code Section 10-111; 1942 Code Section 366; 1932 Code Section 366; Civ. P. '22 Section 349; Civ. P. '12 Section 155; Civ. P. '02 Section 129; 1870 (14) 449 Section 131.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-120. Effect of new promises in writing or part payments.

No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter unless it be contained in some writing signed by the party to be charged thereby. But payment of any part of principal or interest is equivalent to a promise in writing.
HISTORY: 1962 Code Section 10-112; 1952 Code Section 10-112; 1942 Code Section 368; 1932 Code Section 368; Civ. P. '22 Section 351; Civ. P. '12 Section 157; Civ. P. '02 Section 131; 1870 (14) 450 Section 133.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-130. Suits on causes saved from bar of statute by part payment or written acknowledgment.

All actions upon causes of action which would be barred 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.
HISTORY: 1962 Code Section 10-114; 1952 Code Section 10-114; 1942 Code Section 370; 1932 Code Section 370; Civ. P. '22 Section 353; Civ. P. '12 Section 159; Civ. P. '02 Section 131b; 1900 (23) 345.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-140. Contract provision shortening statutory period.

No clause, provision or agreement in any contract of whatsoever nature, verbal or written, whereby it is agreed that either party shall be barred from bringing suit upon any cause of action arising out of the contract if not brought within a period less than the time prescribed by the statute of limitations, for similar causes of action, shall bar such action, but the action may be brought notwithstanding such clause, provision or agreement if brought within the time prescribed by the statute of limitations in reference to like causes of action.
HISTORY: 1962 Code Section 10-116; 1952 Code Section 10-116; 1942 Code Section 395; 1932 Code Section 395; Civ. P. '22 Section 338; Civ. P. '12 Section 144; 1911 (27) 130.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-220. Legislative intent.

It is the intent of the South Carolina General Assembly that this article provide persons engaged in commerce in South Carolina, who suffer economic loss as a result of a Year 2000 problem, the opportunity to recover and be made whole for that economic loss while providing persons responsible for the Year 2000 problem a safe harbor from unlimited liability. This article is intended to be in addition to and supplement those protections offered by the federal Year 2000 Information and Readiness Disclosure Act.
HISTORY: 1999 Act No. 120, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 3 - Limitation Of Civil Actions › Section 15-3-230. Definitions.

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.
HISTORY: 1999 Act No. 120, Section 1.