What is the process for filing a lawsuit?
Filing a lawsuit in South Carolina requires a few key steps. First, a potential plaintiff (the person filing the lawsuit) must determine what court is best suited for their claim. For example, if the dispute involves a contract, the plaintiff would likely file in the South Carolina Court of Common Pleas. If a party is suing the state or its agencies, they would file in the South Carolina Court of Claims. Once the court is selected, the plaintiff must file a complaint with the court. This complaint lays out the facts of the dispute and the claims that the plaintiff is bringing. The complaint must also include the requirements of the South Carolina Rules of Civil Procedure, such as the names of the parties involved. Additionally, the plaintiff must pay the filing fee. Once the complaint is filed, the court will provide a summons to the defendant, informing them that a lawsuit has been filed against them and what court to appear in. The defendant must then respond to the complaint in a timely manner. If the defendant fails to respond, the court may enter a default judgment in favor of the plaintiff. If the defendant does respond, the court will then hold a hearing. During the hearing, both sides will present evidence and arguments. After the hearing, the court will make a decision on the case. This decision may be a judgment in favor of the plaintiff, a judgment in favor of the defendant, or a dismissal of the case.
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