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SC · rules

S.C. R. Magis. Ct. 11

Default Judgment; Dismissal of Action; Damages

activein force · 2026-10-02 – presentcompiled-edition

(a) If the defendant does not answer the complaint within the time period specified by these rules or

answers within the specified time period but fails to appear at the time set for trial, judgment may be

given for the plaintiff by default if the amount of the claim is liquidated. If the claim is unliquidated,

and the defendant fails to answer within the time period specified by these rules or answers within the

specified time period but then fails to appear at the time set for trial, judgment may be given to the

plaintiff by default as in the case of liquidated claims if (1) the plaintiff itemizes the account and

attaches an affidavit that it is true and correct and that no part of the sum sued for has been paid by

discount or otherwise and (2) a copy of the account and affidavit was served with the summons on the

defendant. In all other cases when the defendant fails to appear or answer, the plaintiff cannot recover

without proving damages.

(b) If the plaintiff does not appear at trial, or if neither the plaintiff nor the defendant appears at the

time and place specified for trial, the court may enter an order dismissing the action.

(c) If the defendant has filed a counterclaim against the plaintiff and the plaintiff fails to appear at the

time set for trial, judgment may be given for the defendant by default if the claim is liquidated. If the

claim is unliquidated, and the plaintiff fails to appear at the time set for trial, judgment may be given

to the defendant by default as in the case of liquidated demands if (1) the defendant itemizes the

account and attaches an affidavit that it is true and correct and that no part of the sum sued for has

been paid by discount or otherwise and (2) a copy of the account and affidavit is filed with the answer

and is delivered to the plaintiff as provided for in Rule 8. In all other cases when the plaintiff fails to

appear, the defendant cannot recover on a counterclaim without proving damages.

(d) If a default hearing is conducted at the time set for trial because either the plaintiff or the

defendant failed to appear, no further notice need be given of the default hearing, provided both

parties were properly delivered notice of the time set for trial in a manner provided for in Rule 8.

(e) For good cause shown, the court may set aside a default or a default judgment in accordance with

Rule 12.

Provenance

Source
www.sccourts.org
Retrieved
2026-10-02
Edition
supplied-sc-06-print-version-2026-10-02
Content hash
4e0f915cf60dc7baf303be1e0836635ffe6cf84a9eff2bce2cfd574cce34a530
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