South Carolina Complaint for Damages and Declaratory Judgment

State:
Multi-State
Control #:
US-01605
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

(j) Case Stricken From Docket by Agreement. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.

Rule 5 - Mediation (a) Intent and Application of Rule. The purpose of mediation is to provide parties with an alternative to litigation. This rule shall apply to all cases referred to mediation in the Probate Courts of this State and shall be uniform for all counties.

PROCESS. (a) Summons: Issuance. The summons shall be issued by plaintiff or plaintiff's attorney. Copies of the original summons shall be served upon each defendant.

Upon failure to serve the summons and complaint, the action may be dismissed by the court on the court's own initiative or upon application of any party. Upon failure of a party to file other pleadings, motions, or papers, the court may permit filing or proceed as though the same had not been served.

This is done through a SC Rules of Criminal Procedure Rule 5 Motion and/or a Brady vs. Maryland motion. A Rule 5 request specifically requires the State to produce: (A) Statement(s) of Defendant, (B) Defendant's Prior Record, (C) Documents and Tangible Objects, (D) Reports of Examinations and Tests.

Rule 56, SCRCP, which is made applicable to magistrate's court by Rule 81, SCRCP, allows the plaintiff or defendant, at any time after the expiration of 30 days from the commencement of the action or after service of a motion were summary judgment by the adverse party, move with or without supporting affidavits for a ...

This is done through a SC Rules of Criminal Procedure Rule 5 Motion and/or a Brady vs. Maryland motion. A Rule 5 request specifically requires the State to produce: (A) Statement(s) of Defendant, (B) Defendant's Prior Record, (C) Documents and Tangible Objects, (D) Reports of Examinations and Tests.

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.

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South Carolina Complaint for Damages and Declaratory Judgment