South Carolina Code of Regulations
Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS
28-18 - Pleadings and Action.
28-18. Pleadings and Action.
A. Pleadings Enumerated: Pleadings before the Administrator shall be applications, complaints, petitions, answers and motions.
B. Time for Answer: Answers to complaints or petitions shall be filed with the Administrator and service thereof made to parties of record within thirty (30) days after service of said complaint or petition. However, for good cause the Administrator may extend the time within which an answer need be filed.
C. Time for Motion: Any motion directed toward a complaint or petition must be filed before the answer is due. Otherwise, such objection must be raised in the answer. If a motion is directed toward an answer, it must be filed within ten (10) days of the service of the answer. Other motions must be timely filed.
D. Defective Pleadings: Upon the filing of any application, complaint, petition or other pleadings it will be inspected by the Administrator and if found to be defective or insufficient, it may be returned to the party filing it for correction.
E. Liberal Construction: All pleadings shall be liberally construed with a view to effect justice between the parties. At every stage of any proceeding, the Administrator may disregard any error or defect in the pleadings or proceeding which does not affect the substantial rights of the parties.
F. Amendments: The Administrator may allow amendments to the pleadings or other relevant documents at any time upon such terms as may be lawful and just; provided, that if any such amendment so alters or broadens the issues that it would serve the interest of justice, the Administrator may permit any party affected to have a reasonable time to prepare to meet the changed issues.
G. Signing of Pleadings: Every party who is not represented by an attorney shall sign his pleadings and state his address. Every pleading of a party represented by an attorney shall be signed by the attorney and shall show his address.
HISTORY: Amended by State Register Volume 17, Issue No. 2, eff February 26, 1993.