Add Check Box Fields Legal South Carolina Civil Procedure Forms For Free

Rule 53(b) sets the parameters for referring a matter to the master: In an action where the parties consent, in a default case, or an action for foreclosure, some or all of the causes of action in a case may be referred to a mas- ter or special referee by order of a circuit judge or the clerk of court.

Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default upon the calendar (file book).

Rule 5 of the SC Rules of Criminal Procedure lists the types of information that must be provided when the defense requests it and the types of information that are not subject to the discovery rules: (a) Disclosure of Evidence by the Prosecution. (1) Information Subject to Disclosure. (A) Statement of Defendant.

Rule 53-Masters. (a) Appointment and Compensation. The court in which any action is pending may appoint a special master therein. As used in these rules, the word "master" includes a referee, an auditor, an examiner, and an assessor.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate Court.

Rule 41(a) (2) deals with a dismissal by order of the court, which may be upon such terms as the court deems proper. It further provides that voluntary dismissal cannot defeat a counterclaim already pleaded. A dismissal under this paragraph is without prejudice unless otherwise specified in the order.

Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.

(b) Involuntary dismissal; effect thereof. - For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim therein against him.

So if a case is dismissed without prejudice, the plaintiff may have a limited amount of time in which to re-file the complaint. Once the two-year deadline expires, so does the plaintiff's chance of re-filing the complaint. So clearly, time is of the essence when a case is dismissed without prejudice.