reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-860. Enrollment of appointments and revocations.

The clerk of court shall forthwith enroll all appointments and revocations of appointments of attorneys filed under Sections 15-35-840 and 15-35-850 and shall enter on the abstract of judgments a reference thereto and shall receive a fee of twenty-five cents for every such entry to be paid by the judgment creditor at the time of such filing. But such enrollment and entry shall not affect service of process made prior thereto.
HISTORY: 1962 Code Section 10-1566; 1952 Code Section 10-1566; 1942 Code Section 664-2; 1941 (42) 222.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-870. Service of process in other manner suffices.

In any event service of process upon the judgment creditor in any other manner provided by law shall be sufficient.
HISTORY: 1962 Code Section 10-1567; 1952 Code Section 10-1567; 1942 Code Section 664-2; 1941 (42) 222.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-910. Definitions.

As used in this article, unless the context requires otherwise:
(1) "Foreign judgment" means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in Section 63-17-2910 (the Uniform Interstate Family Support Act) or a "custody decree", as defined in Section 63-15-302 (the Uniform Child Custody Jurisdiction Act).
(2) "Judgment debtor" means the party against whom a foreign judgment has been rendered.
(3) "Judgment creditor" means the party in whose favor a foreign judgment has been rendered.
HISTORY: 1993 Act No. 80, Section 1; 1994 Act No. 494, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, the reference in item (1) to Section 20-7-786 was changed to Section 20-7-6002, section 20-7-786 having been repealed by 2007 Act No. 60; and in accordance with 2008 Act No. 361 (Children's Code), the references in item (1) to Sections 20-17-2910 and 20-7-6002 were changed to 63-17-2910 and 63-15-302, respectively.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-920. Filing of foreign judgment and affidavit; docketing and indexing; effect; stay of enforcement upon filing of motion for relief or notice of defense.

(A) A copy of a foreign judgment authenticated in accordance with an act of Congress or the statutes of this State may be filed in the office of the clerk of court of any county of this State in which the judgment debtor resides or owns real or personal property. Along with the foreign judgment, the judgment creditor or his attorney shall make and file with the clerk an affidavit which states that the foreign judgment is final, that it is unsatisfied in whole or in part setting forth the amount remaining unpaid on the judgment, and whether the judgment is further contested. A contested judgment includes a judgment for which post-trial motions are pending before the trial court, notice of appeal has been filed, or an appeal is pending.
(B) Upon the filing of the foreign judgment and the affidavit, the foreign judgment must be docketed and indexed in the same manner as a judgment of this State; however, no foreign judgment may be indexed if contested until resolved and no execution may issue upon the foreign judgment nor may any other proceeding be taken for its enforcement until the expiration of thirty days from the date upon which notice of filing is served in accordance with Section 15-35-930.
(C) A judgment so filed has the same effect and is subject to the same defenses as a judgment of this State and must be enforced or satisfied in like manner; however, if the judgment is contested, or the judgment debtor files a motion for relief or notice of defense pursuant to Section 15-35-940, enforcement of the foreign judgment is stayed automatically, without security, except as hereinafter provided, until the court finally disposes of the matter. During the time a motion for relief is pending or a stay under this section is in effect, no levy, writ of attachment, or other encumbrance of the judgment debtor's property in furtherance of execution on the foreign judgment shall issue or otherwise be enforceable in this State unless after due notice to the judgment debtor and opportunity to be heard in a court of competent jurisdiction, the judgment creditor shows that the judgment debtor's property in this State has been or is about to be disposed of or removed from this State with intent to defraud the judgment creditor, or to otherwise deplete the assets for purposes of avoiding payment of the judgment.
HISTORY: 1993 Act No. 80, Section 1; 2000 Act No. 306, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-930. Notice of filing; service and proof of service of notice.

(A) Promptly upon the filing of a foreign judgment and affidavit, the judgment creditor shall serve the notice of filing provided for in subsection (B) on the judgment debtor and shall attach a filed, stamped copy of the foreign judgment and affidavit to the notice. Service and proof of service of the notice may be made in any manner provided for in the South Carolina Rules of Civil Procedure.
(B) The notice must set forth the name and address of the judgment creditor, his attorney if any, and the clerk's office in which the foreign judgment is filed in this State and must state that the judgment attached to the notice has been filed in that office, that the judgment debtor has thirty days from the date of receipt of the notice to seek relief from the enforcement of the judgment, and that if the judgment is not satisfied and no relief is sought within that thirty days, the judgment will be enforced in this State in the same manner as a judgment of this State.
HISTORY: 1993 Act No. 80, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-940. Motion for relief from, or notice of defense to, foreign judgment; grounds; motion for enforcement; Rules of Civil Procedure applicable; burden of proving judgment entitled to full faith and credit.

(A) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, that enforcement has been stayed by the court which rendered it, or on any other ground for which relief from a judgment of this State is allowed.
(B) If the judgment debtor has filed a motion for relief or notice of defenses, then the judgment creditor may move for enforcement or security of the foreign judgment as a judgment of this State, if all appeals of the foreign judgment are finally concluded and the judgment is not further contested. The judgment creditor's motion must be heard before a judge who has jurisdiction of the matter based upon the amount in controversy as the amount remaining unpaid on the foreign judgment. The South Carolina Rules of Civil Procedure apply. The judgment creditor has the burden of proving that the foreign judgment is entitled to full faith and credit.
HISTORY: 1993 Act No. 80, Section 1; 2000 Act No. 306, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-950. Article does not impair judgment creditor's right to bring civil action in State to enforce judgment.

This article may not be construed to impair a judgment creditor's right to bring a civil action in this State to enforce the creditor's judgment.
HISTORY: 1993 Act No. 80, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 35 - Judgments And Decrees Generally › Section 15-35-960. Inapplicability to judgments based on claims contrary to public policy.

The provisions of this article do not apply to foreign judgments based on claims which are contrary to the public policies of this State.
HISTORY: 1993 Act No. 80, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 36 - South Carolina Frivolous Civil Proceedings Sanctions Act › Section 15-36-20 to 15-36-50. Repealed by 2005 Act No. 27, Section 12, eff July 1, 2005.

Editor's Note
Former Section 15-36-20 was entitled "Factors supporting finding of proper purpose for action" and was derived from 1988 Act No. 432, Section 6.
Former Section 15-36-30 was entitled "Recovery of attorney's fees and court costs" and was derived from 1988 Act No. 432, Section 6.
Former Section 15-36-40 was entitled "Burden of proof" and was derived from 1988 Act No. 432, Section 6.
Former Section 15-36-50 was entitled "Court to determine fees and costs" and was derived from 1988 Act No. 432, Section 6.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-10. Costs generally.

In every civil action commenced or prosecuted in the courts of record in this State, except cases in chancery, the attorneys for the plaintiff or defendant shall be entitled to recover costs and disbursements of the adverse party as prescribed in Sections 15-37-20, 15-37-60, 15-37-70, and 15-37-120 to 15-37-160, and Chapter 21 of Title 8, Article 3 of Chapter 11 of Title 14, Chapter 19 of Title 14, Article 7 of Chapter 23 of Title 14, Chapter 19 of Title 19, Chapter 7 of Title 22, Article 3 of Chapter 9 of Title 22, and Article 1 of Chapter 19 of Title 23, such costs to be allowed as of course to the attorneys for the plaintiff or defendant and all officers of the court thereto entitled accordingly as the action may terminate and to be inserted in the judgment against the losing party. In cases in chancery the same rule as to costs shall prevail unless otherwise ordered by the court.
HISTORY: 1962 Code Section 10-1601; 1952 Code Section 10-1601; 1942 Code Section 756; 1932 Code Section 756; Civ. C. '22 Section 5721; Civ. P. '22 Section 623; Civ. C. '12 Section 4204; Civ. P. '12 Section 361; Civ. C. '02 Section 3096; Civ. P. '02 Section 323; G. S. 2425; R. S. 2547; 1870 (14) 498 Section 335; 1883 (18) 449; 1892 (21) 30.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-20. Costs allowed only to successful party.

No costs shall be allowed to any party unless he succeed, in whole or in part, in his claim or defense, unless otherwise directed by the judge hearing the cause.
HISTORY: 1962 Code Section 10-1602; 1952 Code Section 10-1602; 1942 Code Section 757; 1932 Code Section 757; Civ. C. '22 Section 5723; Civ. C. '12 Section 4206; Civ. C. '02 Section 3097; R. S. 2548; 1897(22) 429.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-30. Interest from time of verdict or report.

When the judgment is for the recovery of money, interest from the time of the verdict or report until judgment be finally entered shall be computed by the clerk and added to the costs of the party entitled thereto.
HISTORY: 1962 Code Section 10-1605; 1952 Code Section 10-1605; 1942 Code Section 761; 1932 Code Section 761; Civ. P. '22 Section 626; Civ. P. '12 Section 364; Civ. P. '02 Section 325; 1870 (14) 498 Section 336.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-40. Clerk shall insert costs and disbursements in judgment.

The clerk shall insert in the entry of judgment, on the application of the prevailing party upon five days' notice to the other except when the attorneys reside in the same city, village or town and then upon two days' notice, the sum of the allowances for costs and disbursements as provided by law and the necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the reasonable compensation of commissioners in taking depositions, the fees of referees and the expense of printing the papers for any hearing when required by a rule of the court. The disbursements shall be stated in detail and verified by affidavit. A copy of the items of the costs and disbursements shall be served with a notice of adjustment.
HISTORY: 1962 Code Section 10-1606; 1952 Code Section 10-1606; 1942 Code Section 762; 1932 Code Section 762; Civ. P. '22 Section 627; Civ. P. '12 Section 365; Civ. P. '02 Section 326; 1870 (14) 498 Section 337.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-50. Limitation on costs when tort judgment is less than one hundred dollars.

When in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, alienation of affections, or seduction or in any other action for damages for a tort the amount recovered is less than one hundred dollars, the total amount of costs and disbursements may not exceed the amount so recovered in the action.
HISTORY: 1962 Code Section 10-1607; 1952 Code Section 10-1607; 1942 Code Section 756; 1932 Code Section 756; Civ. C. '22 Section 5721; Civ. P. '22 Section 623; Civ. C. '12 Section 4204; Civ. P. '12 Section 361; Civ. C. '02 Section 3096; Civ. P. '02 Section 323; G. S. 2425; R. S. 2547; 1870 (14) 498 Section 335; 1883 (18) 449; 1892 (21) 30; 1988 Act No. 391, Section 4.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-60. Costs in certain small partition and foreclosure cases.

The costs allowed by law in all cases of partition in which the property sought to be partitioned does not exceed one thousand dollars in value and in actions for foreclosure of a mortgage when the amount claimed does not exceed five hundred dollars shall be one half of the costs allowed in cases when the value exceeds those sums, and this provision shall apply to all costs in the cause.
HISTORY: 1962 Code Section 10-1608; 1952 Code Section 10-1608; 1942 Code Section 757; 1932 Code Section 757; Civ. C. '22 Section 5723; Civ. C. '12 Section 4206; Civ. C. '02 Section 3097; R. S. 2548; 1897 (22) 429.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-80. Costs on postponement of trial.

When an application shall be made to a court or referee to postpone a trial the payment to the adverse party of a sum not exceeding ten dollars, besides the fees of witnesses, may be imposed as the condition of granting the postponement.
HISTORY: 1962 Code Section 10-1610; 1952 Code Section 10-1610; 1942 Code Section 763; 1932 Code Section 763; Civ. P. '22 Section 628; Civ. P. '12 Section 366; Civ. P. '02 Section 327; 1870 (14) 499 Section 340.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-90. Costs on motion.

Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding ten dollars, and may be absolute or directed to abide the event of the action.
HISTORY: 1962 Code Section 10-1611; 1952 Code Section 10-1611; 1942 Code Section 764; 1932 Code Section 764; Civ. P. '22 Section 629; Civ. P. '12 Section 367; Civ. P. '02 Section 328; 1870 (14) 499 Section 341.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-100. Costs on review of decision of inferior court in special proceeding.

When the decision of a court of inferior jurisdiction in a special proceeding, including appeals from probate courts, shall be brought before the circuit court for review such proceeding shall, for all purposes of costs, be deemed an action at issue on a question of law from the time the proceeding shall be brought into court, and costs thereon shall be awarded and collected as provided by law.
HISTORY: 1962 Code Section 10-1612; 1952 Code Section 10-1612; 1942 Code Section 767; 1932 Code Section 767; Civ. P. '22 Section 632; Civ. P. '12 Section 370; Civ. P. '02 Section 331; 1870 (14) 499 Section 344.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-110. Adjustment of costs in interlocutory and special proceedings.

Whenever it shall be necessary to adjust costs in any interlocutory proceeding in an action or in any special proceedings, they shall be adjusted by the judge before whom the proceeding may be heard or the court before which the proceeding may be decided or pending or in such other manner as the judge or court may direct.
HISTORY: 1962 Code Section 10-1613; 1952 Code Section 10-1613; 1942 Code Section 762; 1932 Code Section 762; Civ. P. '22 Section 627; Civ. P. '12 Section 365; Civ. P. '02 Section 326; 1870 (14) 499 Section 337.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-120. Costs for mileage.

No constructive mileage shall be allowed, but in all cases costs for mileage shall only be taxed for the number of miles actually traveled.
HISTORY: 1962 Code Section 10-1614; 1952 Code Section 10-1614; 1942 Code Section 757; 1932 Code Section 757; Civ. C. '22 Section 5723; Civ. C. '12 Section 4206; Civ. C. '02 Section 3097; R. S. 2548; 1897 (22) 429.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-130. Costs for references.

Costs for references shall only be taxed for the number of days which the master shall certify to have been unavoidably necessary, and no costs shall be taxed for references in which no testimony has been taken or argument had.
HISTORY: 1962 Code Section 10-1615; 1952 Code Section 10-1615; 1942 Code Section 757; 1932 Code Section 757; Civ. C. '22 Section 5723; Civ. C. '12 Section 4206; Civ. C. '02 Section 3097; R. S. 2548; 1897 (22) 429.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-140. Costs to master, special master or referee.

The master, special master or referee shall be entitled to not less than twenty-five dollars for each reference, and the work of one day shall constitute a reference, without regard to the number of claims presented and passed upon.
HISTORY: 1962 Code Section 10-1616; 1952 Code Section 10-1616; 1942 Code Section 757; 1932 Code Section 757; Civ. C. '22 Section 5723; Civ. C. '12 Section 4206; Civ. C. '02 Section 3097; R. S. 2548; 1897 (22) 429; 1972 (57) 2355.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-160. Costs on uncontested claims.

No costs shall be allowed for proving uncontested claims; except for the days in which the court, master or referee is occupied in taking proof for or against such claim.
HISTORY: 1962 Code Section 10-1618; 1952 Code Section 10-1618; 1942 Code Section 757; 1932 Code Section 757; Civ. C. '22 Section 5723; Civ. C. '12 Section 4206; Civ. C. '02 Section 3097; R. S. 2548; 1897 (22) 429; 1972 (57) 2534.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-170. Costs against infant plaintiff.

When costs and disbursements are adjudged against an infant plaintiff the guardian by whom he appeared in the action shall be responsible therefor, and payment thereof may be enforced by attachment.
HISTORY: 1962 Code Section 10-1619; 1952 Code Section 10-1619; 1942 Code Section 765; 1932 Code Section 765; Civ. P. '22 Section 630; Civ. P. '12 Section 368; Civ. P. '02 Section 329; 1870 (14) 499 Section 342.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-180. Costs against fiduciaries.

In an action prosecuted or defended by an executor, administrator, trustee of an express trust or a person expressly authorized by statute costs shall be recovered as in an action by and against a person prosecuting or defending in his own right. But such costs shall be chargeable only upon or collected of the estate, fund, or party represented unless the court shall direct the costs to be paid by the plaintiff or defendant personally for mismanagement or bad faith in such action or defense.
HISTORY: 1962 Code Section 10-1620; 1952 Code Section 10-1620; 1942 Code Section 766; 1932 Code Section 766; Civ. P. '22 Section 631; Civ. P. '12 Section 369; Civ. P. '02 Section 330; 1870 (14) 499 Section 343.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-190. Costs against assignee after action brought.

In actions in which the cause of action shall, by assignment after the commencement of the action or in any other manner, become the property of a person not a party to the action such person shall be liable for the costs and disbursements in the same manner as if he were a party, and payment thereof may be enforced by attachment.
HISTORY: 1962 Code Section 10-1621; 1952 Code Section 10-1621; 1942 Code Section 770; 1932 Code Section 770; Civ. P. '22 Section 635; Civ. P. '12 Section 373; Civ. P. '02 334; 1870 (14) 500 Section 347.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-200. Costs in action prosecuted by the State.

In all civil actions prosecuted in the name of the State by an officer duly authorized for that purpose the State shall be liable for costs in the same cases and to the same extent as private parties. If a private person be joined with the State as plaintiff he shall be liable in the first instance for the defendant's costs, which shall not be recovered of the State until after execution issued therefor against such private party shall have been returned unsatisfied.
HISTORY: 1962 Code Section 10-1622; 1952 Code Section 10-1622; 1942 Code Section 768; 1932 Code Section 768; Civ. P. '22 Section 633; Civ. P. '12 Section 371; Civ. P. '02 Section 332; 1870 (14) 499 Section 345.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-210. Costs in action prosecuted in name of the State.

In an action prosecuted in the name of the State for the recovery of money or property or to establish a right of claim for the benefit of any county, city, town, village, corporation or person costs awarded against the plaintiff shall be a charge against the party for whose benefit the action was prosecuted and not against the State.
HISTORY: 1962 Code Section 10-1623; 1952 Code Section 10-1623; 1942 Code Section 769; 1932 Code Section 769; Civ. P. '22 Section 634; Civ. P. '12 Section 372; Civ. P. '02 Section 333; 1870 (14) 499 Section 346.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 37 - Costs › Section 15-37-220. Officers may take out execution for costs.

Whenever a case may be (a) settled or determined at the mutual costs of parties or (b) discontinued or settled by plaintiff, or whenever (a) the judgment shall be for defendant or (b) the execution against the defendant shall be returned nulla bona, any of the officers entitled to receive any portion of such costs may issue an execution for his costs, or the clerk may issue for the whole, directed to the sheriff who shall execute such process as in other cases of execution delivered to him.
HISTORY: 1962 Code Section 10-1624; 1952 Code Section 10-1624; 1942 Code Section 760; 1932 Code Section 760; Civ. P. '22 Section 625; Civ. P. '12 Section 363; Civ. P. '02 Section 324; 1878 (16) 631.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 38 - South Carolina Contribution Among Tortfeasors Act › Section 15-38-20. Right of contribution.

(A) Except as otherwise provided in this chapter, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(B) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.
(C) There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.
(D) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(E) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
(F) This chapter does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
(G) This chapter does not apply to breaches of trust or of other fiduciary obligation.
HISTORY: 1988 Act No. 432, Section 5.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 38 - South Carolina Contribution Among Tortfeasors Act › Section 15-38-30. Factors determining pro rata liability of tortfeasors.

In determining the pro rata shares of tortfeasors in the entire liability (1) their relative degrees of fault shall not be considered; (2) if equity requires, the collective liability of some as a group shall constitute a single share; and (3) principles of equity applicable to contribution generally shall apply.
HISTORY: 1988 Act No. 432, Section 5.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 38 - South Carolina Contribution Among Tortfeasors Act › Section 15-38-40. Action for contribution.

(A) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(B) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. Provided, however, contribution may not be enforced in the action until the issue of liability and resulting damages against the defendant or defendants named in the action is determined. Once the issue of liability has been resolved, subject to Section 15-38-20(B), a defendant has the right to seek contribution against any judgment defendant and other persons who were not made parties to the action.
(C) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
(D) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has either (1) discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment, or (2) agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(E) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(F) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
HISTORY: 1988 Act No. 432, Section 5.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 38 - South Carolina Contribution Among Tortfeasors Act › Section 15-38-50. Effect of release, covenant not to sue, or not to enforce judgment.

When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(1) it does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(2) it discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
HISTORY: 1988 Act No. 432, Section 5.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 38 - South Carolina Contribution Among Tortfeasors Act › Section 15-38-65. Uniform Contribution Among Tortfeasors Act not applicable to governmental entities.

No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments against governmental entities or governmental employees acting within the scope of their official duties arising under the Uniform Contribution Among Tortfeasors Act. The South Carolina Tort Claims Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his official duty. The Uniform Contribution Among Tortfeasors Act shall not apply to governmental entities.
HISTORY: 1994 Act No. 497, Part II, Section 107A.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-10. Kinds of execution.

There shall be three kinds of executions, (a) against the property of the judgment debtor, (b) against his person and (c) for the delivery of the possession of real or personal property or such delivery with damages for withholding the property. They shall be deemed the process of the court.
HISTORY: 1962 Code Section 10-1701; 1952 Code Section 10-1701; 1942 Code Section 739; 1932 Code Section 739; Civ. P. '22 Section 606; Civ. P. '12 Section 344; Civ. P. '02 Section 305; 1870 (14) 490 Section 309.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-20. Executions of course within ten years.

Writs of execution for the enforcement of judgments shall conform to this Title. The party in whose favor judgment has been given and, in case of his death, his personal representatives duly appointed may at any time within ten years after the entry of judgment proceed to enforce such judgment as prescribed by this Title.
HISTORY: 1962 Code Section 10-1702; 1952 Code Section 10-1702; 1942 Code Section 737; 1932 Code Section 737; Civ. P. '22 Section 604; Civ. P. '12 Section 342; Civ. P. '02 Section 303; 1870 (14) 490 Section 306; 1873 (15) 498 Section 15; 1885 (19) 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-30. Issuance of executions; effective period.

Executions may issue upon final judgments or decrees at any time within ten years from the date of the original entry thereof and shall have active energy during such period, without any renewal or renewals thereof, and this whether any return may or may not have been made during such period on such executions.
HISTORY: 1962 Code Section 10-1703; 1952 Code Section 10-1703; 1942 Code Section 744; 1932 Code Section 774; Civ. P. '22 Section 611; Civ. P. '12 Section 349; Civ. P. '02 Section 310; 1875 (15) 499; 1885 (19) 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-40. Counties to which execution may be issued.

When the execution is against the property of the judgment debtor it may be issued to the sheriff of any county in which the judgment is docketed by the clerk of court in which the judgment was originally entered up or by the clerk of court of any county in which the judgment is docketed or transcribed. When it requires the delivery of real or personal property it must be issued to the sheriff of the county in which the property or some part thereof is situated. Executions may be issued at the same time to different counties.
HISTORY: 1962 Code Section 10-1704; 1952 Code Section 10-1704; 1942 Code Section 740; 1932 Code Section 740; Civ. P. '22 Section 607; Civ. P. '12 Section 345; Civ. P. '02 Section 306; 1870 (14) 490 Section 310; 1872 (15) 194; 1878 (16) 336, 558; 1884 (18) 708; 1885 (19) 7; 1927 (35) 289; 1929 (36) 1052.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-50. Execution against the person.

If the action be one in which the defendant might have been arrested, as provided in Section 15-17-20, an execution against the person of the judgment debtor may be issued to any county within the jurisdiction of the court after the return of an execution against his property unsatisfied in whole or in part. But no execution shall issue against the person of a judgment debtor unless an order of arrest has been served, as in this Code provided, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by Section 15-17-20.
HISTORY: 1962 Code Section 10-1705; 1952 Code Section 10-1705; 1942 Code Section 741; 1932 Code Section 741; Civ. P. '22 Section 608; Civ. P. '12 Section 346; Civ. P. '02 Section 307; 1870 (14) 491 Section 311.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-60. Execution against married woman.

An execution may issue against a married woman, and it shall direct the levy and collection of the amount of the judgment against her from her separate property, and not otherwise.
HISTORY: 1962 Code Section 10-1706; 1952 Code Section 10-1706; 1942 Code Section 740; 1932 Code Section 740; Civ. P. '22 Section 607; Civ. P. '12 Section 345; Civ. P. '02 Section 306; 1870 (14) 490 Section 310; 1872 (15) 194; 1878 (16) 336, 558; 1884 (18) 708; 1885 (19) 7; 1927 (35) 289; 1929 (36) 1052.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-70. Executions may be taken out by administrators de bonis non.

When any judgment after a verdict shall be had by or in the name of any executor or administrator, an administrator de bonis non may take out execution upon such judgment.
HISTORY: 1962 Code Section 10-1707; 1952 Code Section 10-1707; 1942 Code Section 416; 1932 Code Section 416; Civ. P. '22 Section 372; Civ. C. '12 Section 3960; Civ. C. '02 Section 2856; G. S. 2188; R. S. 2320; 1712 (2) 521.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-80. Contents of executions.

The execution must be directed to the sheriff or to the coroner when the sheriff is a party or interested, must be attested by the clerk, subscribed by the party issuing it or his attorney and must intelligibly refer to the judgment, stating the court, the county in which the judgment roll or transcript is filed, the names of the parties, the amount of the judgment if it be for money, the amount actually due thereon and the time of docketing in the county to which the execution is issued. It shall require the officer, substantially, as follows:
(1) If it be against the property of the judgment debtor, to satisfy the judgment out of the personal property of such debtor and, if sufficient personal property cannot be found, out of the real property belonging to him;
(2) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property or trustees, to satisfy the judgment out of such property;
(3) If it be against the person of the judgment debtor, to arrest such debtor and commit him to the jail of the county until he shall pay the judgment or be discharged according to law; or
(4) If it be for the delivery of the possession of real or personal property, to deliver the possession of such property, particularly describing it, to the party entitled thereto, and in such case it may, at the same time, require the officer to satisfy any costs, damages or rents or profits recovered by the judgment out of the personal property of the party against whom it was rendered and the value of the property for which the judgment was recovered, to be specified therein, or, if a delivery thereof cannot be had and if sufficient personal property cannot be found, then out of the real property belonging to him and it shall, in that respect, be deemed an execution against property.
HISTORY: 1962 Code Section 10-1708; 1952 Code Section 10-1708; 1942 Code Section 742; 1932 Code Section 742; Civ. P. '22 Section 609; Civ. P. '12 Section 347; Civ. P. '02 Section 308; 1870 (14) 491 Section 312.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-90. Executions on judgments of inferior courts.

When judgment shall have been rendered in a court of a magistrate or other inferior court and docketed in the office of the clerk of the circuit court the application for leave to issue execution must be to the circuit court of the county in which the judgment was rendered.
HISTORY: 1962 Code Section 10-1709; 1952 Code Section 10-1709; 1942 Code Section 744; 1932 Code Section 744; Civ. P. '22 Section 611; Civ. P. '12 Section 349; Civ. P. '02 Section 310; 1875 (15) 499; 1885 (19) 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-100. Execution constitutes no lien on personal property prior to levy.

Executions shall not bind the personal property of the debtor, but personal property shall only be bound by actual attachment or levy thereon for the period of four months from the date of such levy.
HISTORY: 1962 Code Section 10-1711; 1952 Code Section 10-1711; 1942 Code Section 744; 1932 Code Section 744; Civ. P. '22 Section 611; Civ. P. '12 Section 349; Civ. P. '02 Section 310; 1875 (15) 499; 1885 (19) 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-110. Sheriff may break into house in certain cases.

The sheriff or his deputy may break and enter any house after a request to be permitted to enter such house and a refusal of such request, in order to arrest the person or to seize the goods of anyone in such house, provided, such sheriff or his deputy have process requiring him to arrest such person or seize such goods.
HISTORY: 1962 Code Section 10-1712; 1952 Code Section 10-1712; 1942 Code Section 3527; 1932 Code Section 3527; Civ. C. '22 Section 2070; Civ. C. '12 Section 1177; Civ. C. '02 Section 852; G. S. 669; R. S. 732; 1839 (11) 43 Section 16.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-120. Sheriff to keep memorandum of levy; schedule.

The sheriff shall make a memorandum in writing of the date of every levy and specify the property upon which such levy has been made on the process or in a schedule thereunto annexed. If more than one process be levied on such property reference on each shall be made to such memorandum or schedule.
HISTORY: 1962 Code Section 10-1713; 1952 Code Section 10-1713; 1942 Code Section 9068; 1932 Code Section 9068; Civ. C. '22 Section 5477; Civ. C. '12 Section 3698; Civ. C. '02 Section 2614; G. S. 1985; R. S. 2114; 1839 (11) 50 Section 16.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-130. Returns.

The sheriff, coroner or other officer with whom final process shall be lodged shall, at each regular term of the court from which the execution or process was sued out, during the continuance of its active energy, until full execution thereof be returned, make a return to the office of the clerk of the court of common pleas of his actions and doings thereunder. If he shall have fully executed he shall return the process with the manner of its execution. If he shall have partially executed he shall return on oath to the clerk a statement in writing under his hand of such partial execution with the reason of his failure as to the remainder. If he shall have wholly failed to make execution he shall return on oath a statement in writing under his hand of his failure with the reasons. And in any event on the first day of the term at which the active energy of the process shall cease as provided by law he shall return the process, if it has not been before returned, as fully executed. The return of the officer made as aforesaid shall for all purposes have the same legal effect as if the process had been made returnable to the term succeeding its first lodgment and renewed after each subsequent regular term.
HISTORY: 1962 Code Section 10-1714; 1952 Code Section 10-1714; 1942 Code Section 744; 1932 Code Section 744; Civ. P. '22 Section 611; Civ. P. '12 Section 349; Civ. P. '02 Section 310; 1875 (15) 499; 1885 (19) 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-140. Failure or neglect to make return.

For failure or neglect to make any of the returns mentioned in Section 15-39-130 or for any false return the sheriff or other officer as therein stated shall be subject to rule, attachment, action, penalty and all other consequences provided by law for neglect of duty by executive or judicial officers.
HISTORY: 1962 Code Section 10-1715; 1952 Code Section 10-1715; 1942 Code Section 744; 1932 Code Section 744; Civ. P. '22 Section 611; Civ. P. '12 Section 349; Civ. P. '02 Section 310; 1875 (15) 499; 1885 (19) 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-150. Sheriff must give notice of money collected.

The sheriff, on the receipt of any money on account of any plaintiff in execution or other person entitled thereto, must within one month give notice in writing of the receipt of such money to such plaintiff or his attorney or other person entitled thereto by personal service or by mail. On failure to do so he shall be liable to pay interest for the money in his hands at the rate of five per cent per month until notice is given.
HISTORY: 1962 Code Section 10-1716; 1952 Code Section 10-1716; 1942 Code Section 3528; 1932 Code Section 3528; Civ. C. '22 Section 2071; Civ. C. '12 Section 1178; Civ. C. '02 Section 853; G. S. 670; R. S. 733; 1856 (12) 534.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-310. Order for discovery of property.

When an execution against property of the judgment debtor or any of the several debtors in the same judgment issued to the sheriff of the county in which he resides or has a place of business or, if he does not reside in the State, to the sheriff of the county in which a judgment roll is filed is returned unsatisfied in whole or in part the judgment creditor at any time after such return is made is entitled to an order from a judge of the circuit court requiring such judgment debtor to appear and answer concerning his property before such judge at a time and place specified in the order within the county to which the execution was issued. After the issuing of an execution against property and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or a judge thereof, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment such court or judge may by an order require the judgment debtor to appear at a specified time and place to answer concerning the same. And such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as are provided upon the return of an execution.
HISTORY: 1962 Code Section 10-1721; 1952 Code Section 10-1721; 1942 Code Section 746; 1932 Code Section 746; Civ. P. '22 Section 613; Civ. P. '12 Section 351; Civ. P. '02 Section 312; 1870 (14) 492 Sections 318, 319; 1919 (31) 236.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-320. Arrest in lieu of discovery order.

Instead of the order requiring the attendance of the judgment debtor the judge may, upon proof by affidavit or otherwise to his satisfaction that there is danger of the debtor's leaving the State or concealing himself and that there is reason to believe that he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county in which such debtor may be to arrest him and bring him before such judge. Upon being brought before the judge he may be examined on oath and if it then appears that there is danger of the debtor's leaving the State and that he has property which he has unjustly refused to apply to such judgment, he may be ordered to enter into an undertaking, with one or more sureties, that he will from time to time attend before the judge as he shall direct and that he will not during the pendency of the proceedings dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison by warrant of the judge as for a contempt.
HISTORY: 1962 Code Section 10-1722; 1952 Code Section 10-1722; 1942 Code Section 746; 1932 Code Section 746; Civ. P. '22 Section 613; Civ. P. '12 Section 351; Civ. P. '02 Section 312; 1870 (14) 492 Sections 318, 319; 1919 (31) 236.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 39 - Executions And Judicial Sales Generally › Section 15-39-330. Examination of witnesses and debtor.

On an examination under Sections 15-39-310 and 15-39-320 either party may examine witnesses in his behalf, and the judgment debtor may be examined in the same manner as a witness.
No person shall on examination, pursuant to this article, be excused from answering any questions on the ground that his examination will tend to convict him of the commission of a fraud. But his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Nor shall he be excused from answering any question on the ground that he has before the examination executed any conveyance, assignment or transfer of his property for any purpose. But his answer shall not be used as evidence against him in any criminal proceeding or prosecution.
HISTORY: 1962 Code Section 10-1723; 1952 Code Section 10-1723; 1942 Code Section 746; 1932 Code Section 746; Civ. P. '22 Section 613; Civ. P. '12 Section 351; Civ. P. '02 Section 312; 1870 (14) 492 Sections 318, 319; 1919 (31) 236.