South Carolina procedural guides

Plain-English guides to the South Carolina Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a South Carolina complaint: 30 days, and a default entered on the calendarSouth Carolina Rule 12(a) gives 30 days to serve an answer, with 60 or 90 days for the State in post-conviction matters — and the clerk enters default on the calendar, or file book.
• Answering a South Carolina summons: thirty days, and five defenses you lose by not raisingSCRCP 12(a) gives a defendant 30 days to answer a complaint in South Carolina — and Rule 12(h)(1) waives five defenses outright if they are left out of the first motion or the answer.
• Setting aside a South Carolina default judgment: good cause before judgment, five grounds afterSouth Carolina Rule 55(c) sets aside an entry of default for good cause, but a default judgment runs on Rule 60(b) — which lists only five grounds, with no catch-all.
• South Carolina summary judgment: ten days out, and two days to opposeSouth Carolina Rule 56 runs on the hearing date — the motion is served 10 days before it, and opposing affidavits are due only 2 days before.
• South Carolina execution: ten days, and a supersedeas stay does not start until the bond is approvedSouth Carolina Rule 62 bars execution for 10 days after entry, and a stay on appeal takes effect only when the court approves the supersedeas bond — not when it is filed.
• The South Carolina motion to dismiss: eight grounds, and the test is facts, not a claimSouth Carolina Rule 12(b)(6) asks whether the pleading states facts sufficient to constitute a cause of action, and adds a parallel-action ground the federal rule lacks.

No guides match that search.