RULE # RULE SOUTH CAROLINA FEDERAL

Completion of Service W/in SOL or 120 days Δ may waive service Not served
4 after filing w/in 120 days after filing will be
dismissed
4 Person Serving Suitable age Age 18
6 Docs Mailed (pldings, mtns) not 5 additional days 3 additional days
service of complaint Service effective when
deposited
Computation of Time Calculated by EX- Same
6 cluding the day the
event is commenced &
IN-cluding the last day
if the last day falls on a
weekend then next
business day
More on time… If time period is < 7 Same rule except period is < 11
days then Saturdays, days
6 Sundays & holidays are
included in
computation
6 Notice required for 10 days 5 days
motions/hearings
6 Affidavits opposing motions must 2 days before hearing 1 day before hearing
be served on opposing counsel
8 Pleadings (answer and complaint) Fact pleading-ultimate Notice pleading
facts and establish each
element of the COA or
defense
effect attorney signature on Certifies: there is gd Stricter certifies: to best of
11 pleadings ground to support the signer’s knowledge, info. & belief
allegations & formed after a reasonable inquiry
Time Respond to a Summons & 30 days add 5 days if 20 days if Δ waives service its
7 Complaint another person due 60 days after waiver was sent
designated by statue
(not if SOS)
Extensions of time 1 extension not to Not to exceed 20 days
6 exceed the original
time period by written
agreement of counsel
or if by court-good
cause shown
Notice of Motion for Entry of Δ appears then No notice provision for defaulting Δ
55 Default or Default Jdgmt defaults 3 days
notice Δ of app for
judgment
55 Default→ clerk may enter a NO YES
liquidated amount
Set Aside Entry of Default For gd cause shown & For gd cause shown & a meritorious
a meritorious defense→ requires a showing of
60(b) defense→ requires a mistake, inadvertence, or excusable
 showing of mistake, neglect
inadvertence, or
excusable neglect
Pleadings Fact:→ ultimate facts Notice
8 & establish each
element of the COA or
defense
15 Amending Pleadings B/f or 30 days after a Only b/f a responsive pleading is
responsive pleading is filed
filed
15 Time to respond to Amended 15 days 10 days
Pleadings
Rule 12 Motions 30 days to respond; 20 days to respond
additional defense→
12 another action pending
b/w same parties; 15
days to respond to a
motion to strike
Motion for SJ 10 days notice & can
be waived if no
56 objection. Non-moving
party has 10 days to
respond
TRO Doesn’t require notice;
65 10 days unless
extended; party subject
may move upon 2
days’ notice to vacate
26 Scope of Discovery Lead to the discovery Info. relevant to a claim or defense
of admissible evidence
Requesting a Jury Trial No later 10 days after 10 days from filing of answer
38 filing of the last
pleading directed to the
issue, typically the
answer
Motion for JNOV and New Trial Must be made when w/in 10 days of entry of judgment
jury discharged or in “judgment as a matter of law” in
50 court’s discretion no federal court
later 10 days thereafter
*time periods can’t be
extended even by ct!!
59 Remittitur & additur Have both remittitur Use only remittitur
and additur
72 Notice of Appeal File w/in 30 days of
receipt of the order same
appealed from