South Carolina Civil Remedies and Procedures - Title 15 Chapter 7 (Venue)

Vocabulary flashcards covering venue rules, definitions, corporate factors, fiduciary suits, and procedural removals under South Carolina Title 15 Chapter 7.

Section 15-7-10

Statutory provision requiring actions regarding subject matter situated in a county—including real property recovery/partition/foreclosure, distrained personal property, and landlord-tenant matters—to be tried in that county.

Section 15-7-20

Statutory provision requiring actions for statutory penalties/forfeitures or actions against a public officer for official acts to be tried in the county where the cause of action arose.

Domestic corporation

Defined under Section 15-7-30(A)(1) as a 'domestic corporation' as defined in Section 33-1-400.

Nonresident individual

Defined under Section 15-7-30(A)(9) as a person who is not domiciled in this State.

Resident individual

Defined under Section 15-7-30(A)(11) as a person who is domiciled in this State.

Principal place of business

Defined under Section 15-7-30(A)(10) as a corporation's home office, manufacturing/sales/purchasing facility, or location where the majority of corporate activity takes place.

Factors for Determining Majority Corporate Activity

Factors under Section 15-7-30(A)(10)(c) including: (i) number of employees in any one county, (ii) authority of employees in any one county, or (iii) tangible corporate assets in any one county.

Venue for Resident Individual Defendant

Under Section 15-7-30(C), civil actions must be brought in the county where the defendant resides when the cause arose, or where the most substantial part of the alleged act or omission occurred.

Venue for Nonresident Individual Defendant

Under Section 15-7-30(D), civil actions must be brought where the most substantial part of the alleged act/omission occurred, or where the plaintiff resides (or has its principal place of business).

Section 15-7-40

Statutory provision allowing administrators, executors, and guardians to be sued in the county where administration was granted, the will was probated, or letters of guardianship were issued.

Section 15-7-50

Statutory provision allowing actions under Sections 15-7-10, 15-7-30, or 15-7-40 to be heard in another county by consent of the parties/attorneys and guardian ad litem of any infant party.

Section 15-7-60

Statutory provision allowing actions against common carriers for freight claims penalties to be brought in any county where the cause of action for damage may be brought.

Section 15-7-70

Statutory provision allowing suits against fire, life, or other insurance companies doing business in the State to be brought in the county where the loss occurs.

Section 15-7-80

Statutory provision requiring suits by domestic mutual insurance companies against a member or former member to be brought in the county where the member resides.

Section 15-7-90

Statutory provision requiring the court to remove a suit brought against a mutual insurance company member in the wrong county to the member's residence upon motion and supporting affidavit.

Section 15-7-100

Statutory provision permitting a change of trial venue when the designated county is improper, a fair trial cannot be had, or for convenience of witnesses and ends of justice.

Section 15-7-110

Procedure for venue change due to partiality requiring application by an interested party to the sitting judge, affidavit support, and four days' notice to the adverse party.

Section 15-7-120

Statutory provision rendering out-of-state arbitration clauses unenforceable for South Carolina actions and allowing suits under Title 15 despite contrary contract venue clauses.