Are there any special rules for parties under the age of 18 in small claims court?
In South Carolina, special rules exist for parties under the age of 18 who appear in small claims court. According to South Carolina Code of Laws Section 15-35-86, any minor age 17 or younger must be represented by a guardian or next friend in small claims court. The guardian may be a parent, sibling, other family member, or another person the court believes has the minor’s best interests in mind. The rules for a minor’s appearance in court are strict. The guardian must have all necessary documents and evidence prepared in advance. The guardian must also be present in the courtroom during the proceedings in order to answer questions and explain the minor’s case. The guardian may not present a legal argument, as this is prohibited by the court. If the minor is successful in obtaining a favorable outcome, the guardian may be appointed as the executor of the award, which means they are responsible for collecting all money or property awarded to the minor. If the minor is dissatisfied with the outcome, their guardian may appeal the decision if it is deemed in the best interest of the minor. Overall, South Carolina’s small claims court system is designed to ensure that the rights of minors are protected in court. The rules governing minors’ appearance provide an additional layer of protection, ensuring that no minor’s rights are infringed upon while appearing in small claims court.
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