South Carolina Civil Case Requiring Transfer to Court of Common Pleas is the process of transferring a civil case from a lower court to the Court of Common Pleas. This is done when a case is too complex or the amount of damages sought is too great to be heard in a lower court. There are two types of South Carolina Civil Case Requiring Transfer to Court of Common Pleas: 1) a motion for transfer and 2) a certified question. A motion for transfer is a formal request by one of the parties for the case to be moved to the Court of Common Pleas. The motion must be supported by evidence that the claim or defense is too complex or the amount of damages is too great to be heard in a lower court. The judge will then decide whether to grant the motion and transfer the case. A certified question is used to request an opinion from the Court of Common Pleas on an issue of law before the case goes to trial. This is done when the lower court judge is uncertain about the legal question or the issue requires more in-depth analysis than can be done in the lower court. The Court of Common Pleas will then provide a written opinion which the lower court will use to determine the case. In either case, the process of transferring a case to the Court of Common Pleas is done to ensure that the case is heard by a court with the appropriate jurisdiction and expertise.
South Carolina Civil Case Requiring Transfer to Court of Common Pleas
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