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The Supreme Court of South Carolina


NOTICE AND REQUEST FOR WRITTEN COMMENTS

On May 24, 2002, Act No. 281 of 2002 became effective. This Act amended S.C. Code Ann. ยง 15-3-20 to read as follows:

(A) Civil actions may only be commenced within the periods prescribed in this title after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute.

(B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing.

Members of the bench, bar and public are warned that this change has not been incorporated into the South Carolina Rules of Civil Procedure (SCRCP), and any amendments to the SCRCP to reflect this change cannot be submitted to the General Assembly until the next legislative session.

The Court intends to submit this matter to the Ad Hoc Civil Rules Committee for its recommendations regarding what changes, if any, should be made to the SCRCP in light of this statutory amendment. Further, any person who wishes to submit written comments regarding this matter may do so by filing an original and seven (7) copies with this Court on or before August 30, 2002. These written comments should be sent to Daniel E. Shearouse, Clerk, Supreme Court of South Carolina, P.O. Box 11330, Columbia, SC 29211.

Columbia, South Carolina
July 2, 2002