§ 12.2 South Carolina Courts

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 12.2 South Carolina Courts

South Carolina Rule of Civil Procedure 57, "Declaratory Judgments," provides:

The procedure for obtaining a declaratory judgment pursuant to Code §§ 15-53-10 through 15-53-140, shall in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

Therefore, declaratory judgment actions in South Carolina state court are governed by Sections 15-53-10 to 15-53-140 of the South Carolina Code of Laws. Section 15-53-10 provides that the act may be referred to the as the "Uniform Declaratory Judgments Act" ("Act"). Section 15-53-20, entitled "Courts of record may declare rights, status and other legal relations," states:

Courts of record within in their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. Such declarations shall have the force and effect of a final judgment or decree.

Section 15-53-30, "Determination of questions under deed, will, written contract, statute, municipal ordinance, contract or franchise,"...