South Carolina General Assembly
115th Session, 2003-2004

Download This Version in Microsoft Word format

Bill 498


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 15-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED IN THE COUNTY WHERE THE DEFENDANT RESIDES, SO AS TO PROVIDE FOR VENUE FOR ACTIONS AGAINST RESIDENT INDIVIDUALS, DOMESTIC CORPORATIONS, FOREIGN CORPORATIONS, FOREIGN LIMITED PARTNERSHIPS, FOREIGN LIMITED LIABILITY COMPANIES, FOREIGN LIMITED LIABILITY PARTNERSHIPS, AND NON-RESIDENT INDIVIDUALS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30.    (A)    In all other cases, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action it can properly be brought and tried against a particular defendant according to the provisions hereof. If there be is more than one defendant, then the action may must be brought and tried in any the county in which one or more of the defendants to such action resides at the time of the commencement of the an action may be properly maintained against one of the defendants under the provisions hereof. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate in his complaint. This section is subject, however, to the power of the court to change the place of trial in certain cases as provided by law.

(B)    All civil actions hereunder against a resident individual defendant must be brought and tried in the county where the defendant is domiciled or resides.

(C)    All civil actions hereunder against nonresident individuals must be brought in one of the following counties:

(1)    the county where the cause of action arose; or

(2)    if the cause of action did not arise in this State, the county where the plaintiff resides.

(D)    All civil actions hereunder against domestic corporations must be brought and tried in one of the following counties:

(1)    the county of the corporation's principal place of business; or

(2)    the county where the cause of action arose.

(E)    All civil actions hereunder against foreign corporations, foreign limited partnerships, foreign limited liability companies, or foreign limited liability partnerships must be brought and tried in one of the following counties:

(1)    the county where the foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business, if in South Carolina;

(2)    the county where the cause of action arose; or

(3)    if neither (1) nor (2) apply, where the plaintiff resides.

(F)    For purposes of this section:

(1)    'domestic corporation' means any corporation incorporated in this State;

(2)    'foreign corporation' means a corporation for profit incorporated pursuant to a law other than the law of this State;

(3)    'foreign limited partnership' means a partnership formed under the laws of any state other than this State and having as partners one or more general partners and one or more limited partners;

(4)    'foreign limited liability company' means an unincorporated entity organized under laws other than the laws of this State which afford limited liability to its owners comparable to the liability under Section 33-44-303 and is not required to obtain a certificate of authority to transact business under any law of this State other than this chapter.

(5)    'foreign limited liability partnership' means a partnership described in article 13 of chapter 41 of Title 33;

(6)    'non-resident individual' means a person who is not domiciled in this State;

(7)    'principal place of business' means the location of the corporation's registered office as designated in the Articles of Incorporation filed with the Secretary of State's Office;

(8)    'resident individual' means a person who is domiciled in this State."

SECTION    2.    This act takes effect upon approval by the Governor and applies to causes of action arising or accruing on and after the effective date of this act.

----XX----

This web page was last updated on Thursday, June 25, 2009 at 10:00 A.M.