SC Civil Procedure Flashcards
Which court has exclusive jurisdiction over trusts?
The Probate Court
Under what circumstances can a party remove a case from Probate Court to Circuit Court? When can the case be removed?
Parties can remove a case from Probate Court to Circuit Court when there are issues involving actions to try title, trusts, appointment of a PR, construction of wills, formal probate of a will, and actions for more than $5k that carry a right to a jury trial. This can be done only after the pleadings are complete.
Plaintiff files suit against the SC Workers’ Compensation Commission for denial of workers’ comp benefits totaling $3,600. Can he maintain his case in South Carolina Magistrate’s Court?
No. Magistrate’s Courts in SC have concurrent jurisdiction with the Circuit Courts and may hear cases
(1) within their geographical boundaries AND
(2) That have an amount in controversy that is less than $7,500 excluding attorney’s fees and costs.
However,
they may not hear cases in which
(1) title to property is in controversy OR
(2) where the state is a party and the amount in controversy is over $100.
Here, the state is a party and the amount in controversy exceeds $100 ($3,600). Therefore, Magistrate’s Court cannot hear the case.
Bank is suing for foreclosure of a home in Charleston County, South Carolina, and files in the court of the Master-in-Equity. Is this proper?
No. The Master-in-Equity is the only court in SC in which no action may be initiated. Each case heard by a Master is assigned by the SC Circuit Court.
Bank files a foreclosure action in SC Circuit Court. Defendant wants to remove the case to a different court. To which court can the Defendant move the case and why? What procedural device will be used?
The Circuit Court may refer causes of action to the Master-in-Equity in default cases, actions for foreclosure, or upon the motion of a party or the Court’s motion. Defendant can ask that the case be moved to the Master-in-Equity court since foreclosure is an equitable remedy. The Circuit Court can use an Order of Reference to move the case.
Where must an appeal from the Master-in-Equity court be brought?
Act 55 of 1999 and Rule 53 SCRCP altered the appeals process for final judgments from the Master-in-Equity courts. Appeals go to the Supreme Court or the Court of Appeals as provided by the Appellate Court Rules.
Plaintiff wants to serve Defendant via personal service in Florence, SC. Server goes to the D’s home on a Friday and knocks on the door. Sandra, a maid with Happy Maids cleaning service, comes to the house each Friday to clean. Sandra answers the door and tells the Server that the D is not home. Server then gives Sandra the Complaint and tells her to give it to D. Sandra leaves it on the counter and the D never sees it. D files a motion to dismiss based on failure of service of process. Was service correct?
No. Proper personal service requires either (1) delivering the Summons and Complaint physically to the person being served, or (2) leaving it with someone of suitable age and discretion that resides with the D at the D’s usual place of abode.
Here, the server delivered the S&C to Sandra, who does not reside at the D’s house. Therefore, service of process was insufficient and the case may be dismissed.
Which SC Court handles involuntary commitments for alcohol, drug abuse, and/or mental illness?
The Probate Court
What is the difference between Venue and Subject Matter Jurisdiction?
Subject Matter Jurisdiction is the power or authority of the court to adjudicate on matters before it. Venue is the proper physical place for matters such as convenience for adjudication which for Federal Courts, is the proper district and for State Court, is the proper county.
Jason hits Miles’s car outside of Hilton Head, SC where Miles lives. Jason is from FL and is driving back from college. The police were not called as Miles believed it was a minor fender bender where his back bumper is dented, but the parties exchanged contact and insurance info. Miles writes down Jason’s license plate number. The next day, Miles calls Jason’s insurance company using the number Jason provided. It connects him to Mama’s Cupcake Shop not the insurance company. Miles wants to sue Jason. How can he serve process on him?
In actions against non-resident motorists and motor carriers, service of process may be made on the Director of the South Carolina Department of Public Safety. Service will be correct if the Plaintiff or the Director of the Department of Motor Vehicles sends the S&C via certified mail, return receipt requested, and the receipt is returned. Plaintiff must file an Affidavit of Compliance along with the Summons & Complaint.
Here, Jason is a non-resident motorist. He hit Miles but provided him with the wrong number for his insurance company. Therefore, Miles can serve the Director of the SC DMV and service will be proper as long as it is forwarded to Jason by certified mail, return receipt requested, and the return receipt signed by Jason and Miles’s Affidavit of Compliance are all present.
A and B live in Florence, SC, Florence County. THey have a dispute over a farm situated in Lexington County, SC. Where is venue proper to bring suit?
An in rem action relating to real property (known as a local action) must be brought in the district where the property that is the subject matter of the action is located.
Here, the disputed farm is in In Lexington County.. Therefore, venue is proper in Lexington County.
Cindy is from Sumter, SC. While attending college at NC State she got pregnant. The father, Jose, is from NC, but has since left college to travel the world. Cindy comes back home, has the baby, but wants to put the child up for adoption. A neighboring family is ready to adopt the baby, but Cindy does not know where Jose lives at this time and has had no contact with him since she got pregnant. How can Jose be served?
To perform due diligence to locate a father to notify him of a pending TPR and Adoption action, SC has the Responsible Father Registry. If he has not registered voluntarily as someone who may have a child born in SC, (and let’s face it, he probably isn’t), then you will want to seek an Order from the Court that enables you to serve him by publication.
Service by Publication is allowed where the Plaintiff demonstrates by affidavit that the Defendant cannot be found even by due diligence. If the Defendant is a non-resident of SC or cannot be found within the state and the proceeding is for an adoption or TPR, then the Clerk of Court OR the Judge can issue an Order for Service by Publication.
Here, there is a TPR case pending before the court so Jose may be notified by publication.
Edward is 14 years old. He stole a car with a group of his friends and went joyriding. The car crashed and the owner wants to sue Edward for the damages and so has filed a complaint. The process server goes to Edward’s house to serve the S&C. Edward’s parents, who do not know of the incident, answer the door and the server serves them with the S&C and leaves. Was service proper?
No. If a Defendant is a minor between the ages of 14 and 18 and living with his parent or Guardian, service must be made on BOTH the minor AND the Parent or Guardian.
Here, Edward is 14 and a Defendant in the suit. The process server only served the parents and not Edward – but he must serve both. Therefore service of process was not proper.
What is proper venue in the state of SC for an action against a SC business entity organized under the laws of SC?
The proper venue for a business entity in SC (LLP, LP, LLC, Corporation, or PC) must be brought and tried either (1) where the business entity has its principal place of business at the time the case of action arose; OR (2) in the county in which the most substantial part of the action or omission took place that gave rise to the lawsuit.
A pleading in SC should contain what types of facts?
SC uses fact pleadings. A pleading should state “ultimate facts” that establish each element of the cause of action or defense. Ultimate facts are not just evidentiary facts or legal conclusions.
