The South Carolina motion to dismiss: eight grounds, and the test is facts, not a claim
South Carolina procedure · Last verified August 17, 2026
South Carolina keeps two features of code pleading that the federal rule dropped.
Ground (6) is not "failure to state a claim." It is failure to state facts sufficient to constitute a cause of action — the older formulation, and a different question.
And the list runs to eight, adding a parallel action pending between the same parties.
Thirty days, then fifteen
| Event | Time |
|---|---|
| Answer a complaint | 30 days from service |
| After a denied motion, or a deferral to trial | 15 days |
Fifteen days sits between the ten most southern states allow and the twenty-one of the restyled rules.
The eight grounds
S.C. R. Civ. P. 12(b):
the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state facts sufficient to constitute a cause of action, (7) failure to join a party under Rule 19, (8) another action is pending between the same parties for the same claim.
| Ground | |
|---|---|
| (1)–(5) | the familiar jurisdiction, venue and process defenses |
| (6) | failure to state facts sufficient to constitute a cause of action |
| (7) | failure to join a party under Rule 19 |
| (8) | another action is pending between the same parties for the same claim |
Ground (6) is worth quoting rather than paraphrasing. The federal question is whether a claim is stated; South Carolina's is whether facts sufficient to constitute a cause of action appear. A brief that argues the federal formulation is arguing a different test.
Ground (8) is the parallel-action ground shared with Arkansas, Idaho, Nebraska and Oklahoma.
Where this connects
South Carolina's summary judgment rule counts backwards from the hearing and gives the opposition only two days — see South Carolina summary judgment.
If a default judgment has been entered, note that South Carolina's Rule 60(b) has no catch-all ground — five reasons and nothing else. See setting aside a South Carolina default judgment.
For the answer itself, see answering a South Carolina summons and responding to a South Carolina complaint.
How South Carolina compares
| South Carolina | North Carolina | Georgia | Federal | |
|---|---|---|---|---|
| Time to answer | 30 days | 30 days | 30 days | 21 days |
| After a denied motion | 15 days | 20 days | — | 14 days |
| Enumerated grounds | eight | seven | — | seven |
| Ground (6) wording | facts sufficient to constitute a cause of action | failure to state a claim | — | failure to state a claim |
| Parallel action a ground | yes | no | — | no |
| Venue inside the rule | yes | yes, "or division" | — | yes |
A short checklist
- Diarise 30 days from service.
- Argue the South Carolina test — facts sufficient to constitute a cause of action.
- Check ground (8) for a duplicate action.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion.
- Plan for 15 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- S.C. R. Civ. P. 8 — General Rules of Pleading
- S.C. R. Civ. P. 12 — Defenses and objections
- S.C. R. Civ. P. 19 — Joinder of Persons Needed for Just Adjudication
- S.C. R. Civ. P. 56 — Summary judgment
This page explains what the rules say. It isn't legal advice, and what makes facts sufficient to constitute a cause of action is developed in case law this site doesn't cover.