Detailed Answer
Under South Carolina law, a partition action follows the steps in Title 15, Chapter 61 of the South Carolina Code of Laws. Once all parties have been served and the 30-day response period under Rule 12(a)(1)(A)(i), SCRCP, has expired, you may move forward to schedule a hearing to appoint commissioners or resolve objections.
1. Verify Expiration of the Response Period
Ensure no defendant has served a timely answer. Parties typically have 30 days from service to respond. If no answer appears on file by the deadline, you may proceed with a default hearing.
2. Obtain a Hearing Date from the Clerk of Court
Contact the clerk’s office in the county where the action is pending. Most clerks require a praecipe for a hearing or a motion to set form. Provide preferred dates, a brief description (“Hearing on Motion for Appointment of Commissioners”), and attach a proposed order.
3. Prepare and Serve a Notice of Hearing
Under Rule 5, SCRCP, serve a written Notice of Hearing on all parties at least the minimum notice period required by local rule (often 5–10 days). Include:
- The date, time, and location of the hearing
- The purpose (e.g., appointment of commissioners under SC Code § 15-61-80)
- A copy of the proposed order to be signed by the judge
File proof of service (affidavit or certificate) with the clerk.
4. File or Present a Motion for Appointment of Commissioners
If your original complaint prayed for appointment of commissioners under SC Code § 15-61-30, simply remind the court at the hearing. Otherwise, file a written motion citing:
- SC Code § 15-61-30 (Prayer for partition and appointment of commissioners): t15c061.php#15-61-30
- SC Code § 15-61-80 (Appointment and duties of commissioners): t15c061.php#15-61-80
5. Attend the Hearing
Appear on the scheduled date. Present your motion, offer any proofs, and address objections. If the court grants your motion, it will enter an order appointing three or five commissioners to value and divide the land or direct a sale.
Helpful Hints
- Review local rules for specific notice periods and praecipe formats.
- Include a proposed order when you request a hearing date to streamline the judge’s review.
- Confirm deadlines under Rule 6, SCRCP, for calculating notice intervals.
- Retain copies of all filings and proofs of service to avoid procedural challenges.
- Consider meeting with opposing counsel to agree on hearing dates and deadlines.
Disclaimer: This article provides general information on South Carolina partition actions. It does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.