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A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
SECTION 15-53-20. Courts of record may declare rights, status and other legal relations.
Declaratory Judgments 108(b) (1956). Six years is the proper limitations period for causes of action arising or accruing before April 5, 1988, with a three-year period applicable thereafter. S.C.
Thus, a declaratory judgment action that is nothing more than an anticipatory defense to a breach of contract claim may be an inappropriate use of the declaratory judgment mechanism. Given that courts have discretion whether to entertain a declaratory judgment action, they may decline to do so under such circumstances.
If you have won a civil lawsuit in South Carolina, your judgment will be valid for 10 years from the date the judgment is entered.
Declaratory judgments are conclusive and legally binding, but do not have preclusive effect if: A later lawsuit involves issues other than those specifically litigated and ruled on in the declaratory judgment action.