South Carolina Code 15-5-140. Representative of deceased nonresident motor vehicle operator; substitution of other representative
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Terms Used In South Carolina Code 15-5-140
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probate: Proving a will
- Service of process: The service of writs or summonses to the appropriate party.
The foreign personal representative of any such deceased wrongdoer or any other person interested in defending such action may within sixty days after service as provided in § 15-9-370 apply to the court in which such action may be pending for an order staying such action for a reasonable period of not exceeding sixty days and during such time may apply to the probate court and procure the appointment of some other suitable person to act as personal representative of such deceased person. Upon such appointment such personal representative shall be forthwith made a party defendant on motion of plaintiff without further service of process. If no such application for a stay be made the personal representative so originally appointed shall answer such process within sixty days from the date of such service upon him or be adjudged in default.