SCRCP 3

(a) Commencement of civil action. A civil action is commenced when the summons and complaint

are filed with the clerk of court if:

(1) the summons and complaint are served within the statute of limitations in any

manner prescribed by law; or

(2) if not served within the statute of limitations, actual service must be accomplished

not later than one hundred twenty days after filing.

(b) Filing In Forma Pauperis.

(1) Except as provided in (2) below, a plaintiff who desires to file an action in forma

pauperis shall file in the court a motion for leave to proceed in forma pauperis,

together with the complaint proposed to be filed and an affidavit showing the

plaintiff's inability to pay the fee required to file the action. If the motion is granted,

the plaintiff may proceed without further application and file the complaint in the

court without payment of filing fees.

In determining whether the plaintiff is unable to pay the fee required to file the action,

all factors concerning the plaintiff's financial condition should be considered including

income, debts, assets, and family situation. A presumption that the plaintiff is unable

to pay the fee required to file the action shall be created if the plaintiff's net

household income is less than or equal to the Poverty Guidelines established and

revised annually by the United States Department of Health and Human Services and

published in the Federal Register. Net income shall mean gross income minus

deductions allowed by law.

(2) Where a party is represented in a civil action by an attorney working on behalf of

or under the auspices of a legal aid society or a legal services or other nonprofit

organization funded in whole or substantial part by funds appropriated by the United

States Government or the General Assembly of the State of South Carolina, which has

as its primary purpose the furnishing of legal services to indigent persons, or the

South Carolina Bar Pro Bono Program, fees related to the filing of the action shall be

waived without the necessity of a motion and court approval. Before the filing fees will

be waived, the attorney representing the party must file with the clerk a written

certification that representation is being provided on behalf of or under the auspices

of the society, organization or program, and that the party is unable to pay the filing

fees.

Note to 2004 Amendment:

This amendment rewrote subsection (a), deleted subsection (b), and renumbered

subsection (c) as subsection (b). These changes are intended to reflect the legislative

intent expressed in § 15-3-20 as amended by 2002 S.C. Act No. 281, § 1.

Note to 2011 Amendment:

This amendment added the language of (b)(2) which allows for the waiver of the filing

fees for an action when a party is represented by an attorney working on behalf of or

under the auspices of a legal aid society, a legal services or other nonprofit

organization, or the South Carolina Pro Bono Program.

Note to 2024 Amendment:

This amendment added language to subsection (b) to provide guidance and create

uniformity regarding who may proceed in forma pauperis. The language tracks that

used for determining indigency in Rule 602, SCACR, and Rule 608, SCACR.

Last amended by Order dated April 30, 2024.