South Carolina General Form of Complaint, Petition, or Declaration for Ejectment

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Multi-State
Control #:
US-01684BG
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Word; 
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Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

Specifically, Rule 5 of the South Carolina Rules of Criminal Procedure provides that, upon request by you, the prosecution has to provide you with or let you inspect any statements you've made, your prior criminal history, any books, papers, documents, photographs, tangible objects, buildings or places, which are under ...

Either party may appeal in an ejectment case and such appeal shall be heard and determined as other appeals in civil cases from the magistrate's court.

(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.

How Do I Hold Someone in Contempt for Violating a Family Court Order? If the contempt is constructive, then you must file a Rule to Show Cause (?RTSC?) and serve it on the other party. At the RTSC hearing, the filing party presents their evidence as to the other person's alleged violation of the order.

In a criminal prosecution any reports or papers mentioned in Sections (a) or (b) shall be made available to the defendant or his attorney at the preliminary hearing or if no hearing is held, not later than eleven (11) days prior to the trial of the case.

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.

Upon request of the defendant the prosecution shall permit the defendant to inspect and copy books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the prosecution, and which are material to the preparation of ...

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South Carolina General Form of Complaint, Petition, or Declaration for Ejectment