What is the procedure for filing a lawsuit?

Filing a lawsuit in South Carolina requires a few steps. First, a person needs to determine which court will have the jurisdiction to hear the case. If it is a civil lawsuit involving money damages, then it will be filed in the appropriate Circuit Court. If it is a criminal case, it would be filed in Magistrate or Municipal Court. Once the court is identified, the plaintiff must file a complaint. This document states the claims of the plaintiff and identifies the defendant. Once the complaint is filed, the defendant must be served with a summons and the complaint. The defendant has 30 days to respond to the complaint by filing an answer with the court. If the defendant does not respond, they are in default, and a judgment will be entered against them. Once the defendant has answered, the plaintiff and defendant will then exchange evidence, usually by way of written discovery. Once this step is complete, a pre-trial conference will be held, where the parties will attempt to settle the case. If the parties do not settle, the case will proceed to trial. At trial, each side will present evidence and witnesses to the court, and the court will decide the case. If the plaintiff is successful, then the court will issue a judgment in the plaintiff’s favor.

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What is the procedure for filing a lawsuit?

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