Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
RULE 2
ONE FORM OF ACTION

There shall be one form of action to be known as "civil action".

Note:

These Rules are the same as Federal Rules 1 and 2 except the name of the State. Rule 81 provides that the Rules will apply also to Magistrate's, Probate and Family Courts where not inconsistent with the rules of those courts. Rule 2 is substantially identical to Code Sections 15-1-80 and 90. This Rule also abolishes the mostly cosmetic differences between "actions" and "special proceedings". A special proceeding is really only a civil action in which some special remedy is sought; i.e., writ of mandamus, writ of habeas corpus, etc.