The litigation roadmap

What happens, and roughly when

Almost every civil case in South Carolina follows the same path through the Court of Common Pleas. Not every case reaches every stage — most end via settlement — but this is the shape of the road.

1. 01

   Before anything is filed

   Weeks to months

   We gather the contract, correspondence, invoices, photographs, and anything else that tells the story, and we tell you to stop deleting things — email, texts, job files, and phone photos all have to be preserved once a dispute is on the horizon. Most cases open with a demand letter, because a letter that lays out the facts and the number settles a fair share of disputes without a filing fee.

   Watch this: Deadlines run whether or not anyone has filed. Most South Carolina contract and injury claims carry a three-year statute of limitations (S.C. Code § 15-3-530), and some claims — mechanics’ liens, claims against public bodies, notice provisions buried in a construction contract — run far shorter. Bring us the problem early.

2. 02

   Summons and Complaint

   Day one of the lawsuit

   The case begins when we file a Summons and Complaint with the Clerk of Court in the county’s Court of Common Pleas. The Complaint states who did what, what law it violated, and what we are asking the court to award. The Clerk assigns a case number in the format 2026-CP-23-01234 — year, case type, county number, sequence — which is the number you will use to look your case up on the Public Index.

   Watch this: The Court of Common Pleas is South Carolina’s civil trial court. Magistrate’s Court handles civil claims up to $7,500; larger disputes belong in Common Pleas.

3. 03

   Service on the defendant

   Usually within 120 days of filing

   The other side has to be formally handed the Summons and Complaint under Rule 4, SCRCP — by the sheriff, a process server, certified mail, or by their lawyer accepting service. Nothing else in the case moves until service is complete.

   Watch this: Filing stops the statute of limitations only if service follows within 120 days (S.C. Code § 15-3-20(B)).

4. 04

   The Answer

   30 days after service

   The defendant has 30 days to answer, admitting or denying each paragraph and raising defenses (Rule 12, SCRCP). Instead of answering they may move to dismiss. An Answer often brings a counterclaim against you, or a third-party complaint pulling in someone else — a subcontractor, a supplier, an insurer. That is normal and not a sign the case is going badly.

   Watch this: If a defendant never answers, we can ask the Clerk for an entry of default and then move for default judgment.

5. 05

   Discovery

   The longest stretch — often 6 to 18 months

   Both sides exchange information under Rules 26–37, SCRCP. Interrogatories are written questions answered under oath. Requests to Produce call for documents, emails, texts, and job files. Requests to Admit force a party to concede or contest specific facts. Depositions are sworn question-and-answer sessions with a court reporter. Experts are identified and, in most construction and injury cases, deposed as well.

   Watch this: This is the stage that asks the most of you. Answers are sworn and your lawyer signs off on them, so accuracy beats speed. Before any deposition, read our deposition preparation page.

   Deposition preparation »

6. 06

   Mediation

   Before trial

   Circuit court civil cases in South Carolina go to mediation under the Supreme Court’s ADR Rules. A neutral mediator — normally an experienced lawyer, paid by the parties — spends a day moving between rooms trying to close the gap. The mediator has no power to decide anything. Nothing said in mediation comes into evidence, and you decide whether to settle.

   Watch this: Think of the mediator’s client as the settlement. Expect that while the mediator is speaking with us, he is telling us the weaknesses of our case and the strengths of our opponent’s — know that he is doing the exact opposite in the other room. That is what makes the day work.

7. 07

   Motions

   Throughout, heaviest after discovery closes

   Some motions are housekeeping — extending a deadline, compelling a discovery answer. Others can end the case: a motion to dismiss under Rule 12(b)(6) argues the Complaint fails to state a claim even if everything in it is true, and a motion for summary judgment under Rule 56 argues that the undisputed facts entitle one side to win without a trial. Motions are heard on the circuit’s motions calendar; typically at least a month after being filed.

8. 08

   Trial roster and trial

   Typically 1 to 3 years from filing

   Common Pleas runs in terms of court, and cases are called from a published roster. There is usually a roster meeting where the judge asks whether the case is ready. A jury trial in a civil case is tried to twelve jurors in Common Pleas; the parties can also agree to a non-jury trial decided by the judge alone. Both sides give openings, put up witnesses and exhibits, cross-examine, and close.

   Watch this: Being on a roster is not a guarantee of reaching trial that week. Cases are called in order, and a case ahead of yours can consume the term.

9. 09

   Judgment and post-trial motions

   Days after the verdict

   The verdict becomes a judgment entered by the Clerk. A party who believes the court erred can file post-trial motions — a new trial, or a request that the judge reconsider or amend the ruling — under Rules 59 and 60, SCRCP. Those motions have short fuses; the Rule 59(e) motion to alter or amend runs 20 days from receipt of written notice of entry.

10. 10

    Appeal

    30 days to start, a year or more to finish

    A notice of appeal is due within 30 days after a judgment is final. If a Rule 59(e) motion has been filed, the judgment is not final. An appeal is not a second trial: the appellate court reviews the record for legal error and does not hear new evidence or new witnesses.

11. 11

    Collecting on the judgment

    After the dust settles

    Winning and getting paid are two different projects. A judgment is enrolled with the Clerk and becomes a lien on the debtor’s real property in that county for ten years. Supplemental proceedings compel the debtor to appear and disclose assets, and execution through the sheriff can reach non-exempt property. South Carolina does not permit wage garnishment for ordinary civil judgments.

Virtual courtrooms and the court calendar

Many Common Pleas hearings — motions especially — are held by WebEx, and the public may watch. Everything you need is on the Judicial Branch calendar.

1. 1
   Open the SC Judicial Branch calendar and find your hearing date.
2. 2
   Click Circuit under that date. That opens the circuit court roster for the day.
3. 3
   Find your judge in the list — we will tell you the judge’s name in advance — and click Virtual Courtroom » next to that judge’s entry to join.
4. 4
   Join a few minutes early, use your real name, and keep your microphone muted until the judge calls your case.

A “Sealed Virtual Courtroom” link appears beside some judges. That one is for closed proceedings — it is not the room for your hearing unless we tell you otherwise.

Glossary

Court of Common Pleas

South Carolina’s civil trial court, one in each county, organized into 16 judicial circuits.

Plaintiff / Defendant

The party who files the lawsuit; the party it is filed against.

Complaint

The opening document that states the facts, the legal claims, and what is being asked of the court.

Answer

The defendant’s written response, due 30 days after service, admitting or denying each allegation and raising defenses.

Counterclaim

A claim the defendant files back against the plaintiff in the same case.

Service of process

Formally delivering the Summons and Complaint so the court has power over the defendant.

Discovery

The court-supervised exchange of information — written questions, documents, admissions, and depositions.

Interrogatories

Written questions that must be answered in writing and under oath.

Deposition

Sworn testimony taken in a conference room with a court reporter, usable later at trial.

Motion

A written request asking the judge to do something — compel an answer, dismiss a claim, decide the case.

Summary judgment

A ruling that the undisputed facts entitle one side to win without a trial (Rule 56, SCRCP).

Mediation

A confidential settlement conference run by a neutral who has no authority to decide the case.

Roster

The published list of cases eligible to be called for trial during a term of court.

Judgment

The court’s final decision, entered by the Clerk, stating who owes what to whom.

Lis pendens

A public notice filed in the county records that a lawsuit affecting a specific piece of real property is pending.

Public Index

The Judicial Branch’s free online docket, searchable by county, showing filings and hearing dates.