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Joint and Several Liability in South Carolina

South Carolina abolished joint and several liability in 2005 when the South Carolina General Assembly adopted South Carolina’s Uniform Contribution Among Tortfeasors Act, located at S.C. Code § 15-38-10 et seq.  http://www.scstatehouse.gov/code/t15c038.php.   The Act addresses: The allocation of fault and damages between a plaintiff and one or more defendants; and The right of contribution … Continue reading Joint and Several Liability in South Carolina

Motion Practice in Civil Cases in South Carolina State Courts

Every state has its own peculiarities regarding motions practice in State Court. South Carolina is no exception. Here are some things to keep in mind for your civil cases filed in South Carolina: What needs to be included in a motion? Rule 7(d) of the South Carolina Rules of Civil Procedure provides that any motion shall … Continue reading Motion Practice in Civil Cases in South Carolina State Courts

Complex Case Designation for South Carolina Lawsuits

Most lawsuits in South Carolina are not assigned to a single judge for handling because the South Carolina Constitution requires rotation of trial judges.  Forty-six circuit judges serve sixteen circuits on a rotating basis and are elected by the General Assembly to staggered terms of six years.  Thus, motions in a civil case pending in … Continue reading Complex Case Designation for South Carolina Lawsuits

Deposition Exhibits in South Carolina

Identify Exhibits in Advance of the Deposition Rule 30(j)(8) of the South Carolina Rules of Civil Procedure requires deposing counsel to provide or identify all deposition exhibits to opposing counsel.  If deposing counsel does not do so two business days before the deposition, Rule 30(j)(8) provides that opposing counsel and the witness “may have a … Continue reading Deposition Exhibits in South Carolina

What You Need to Know About E-Filing in South Carolina

South Carolina is one of many states that has implemented e-filing for civil cases filed in the Court of Common Pleas.  E-filing has not yet been implemented statewide.  E-filing started in two pilot counties - Clarendon County and Greenville County.  The following South Carolina counties currently use e-filing: Allendale County (effective January 17, 2017) Anderson … Continue reading What You Need to Know About E-Filing in South Carolina