South Carolina Rule to Show Cause

State:
South Carolina
Control #:
SC-SKU-1110
Format:
PDF
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Rule to Show Cause

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FAQ

? (1) When a public officer is a party to an action in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party.

Rule to show cause is issued by a Judge and requires the party to appear in court and ?show cause? as to why they should not be held in contempt for violating the court order. When served with a rule to show cause, a party can file a return prior to the hearing date, unless the court requires an earlier response.

Rule 40(a) establishes the dockets and rosters and describes how cases are filed initially. All cases are placed on the General Docket. Rule 40(b). Counsel must inform the clerk or the pleadings must state whether it is a jury or nonjury matter.

(1) Petition. A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the State may file a verified petition in the court in the Circuit of the residence of any expected adverse party.

No other person may be appointed guardian ad litem of a minor or incompetent or imprisoned person unless he be fully competent to understand and protect the rights of the person whom he represents, has no interest adverse to that of the person whose interest he represents, is not connected or associated with the

(1) When an infant or insane or incompetent person is plaintiff, the appointment shall be made at any time prior to or at the time of the commencement of the action, upon the written application of any relative or friend of said infant or insane or incompetent person or by the court on its own motion.

(1) At the beginning of each deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness' own counsel, for clarifications, definitions, or explanations of any words, questions or documents presented during the course of the deposition.

More info

An order to show cause (O. S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief.An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Be sure to complete each form completely and accurately. You will need to attach a copy of the prior court order that you are seeking to enforce. The main objective of the show cause hearing is to get the person who is not following the court's order to do so. A rule to show cause issued to initiate contempt proceedings must be based upon an affidavit or verified "petition. Show Cause hearings are very evidentiary based. On January 30, 2002, the Court denied defendants' motion to set aside default, and ordered defendants to show cause why default judgment should not be entered. Both a motion and an order to show cause are used to ask the court to do something in a case.

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South Carolina Rule to Show Cause