South Carolina Code 28-2-310. Application of Article 3; demand for nonjury trial; precedence of action; minimum time between notice and trial
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(A) Upon the filing of the affidavit described in § 28-2-240(A) or the filing of a Notice of Appeal under § 28-2-260(B) or (C), the action must be tried as provided in this article.
(B) If the condemnor and the landowner have demanded trial by the court without a jury, the clerk shall place the action on the nonjury trial roster. Otherwise, the action must be placed on the jury trial roster.
Terms Used In South Carolina Code 28-2-310
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(C) If either the condemnor or the landowner so demands, the action must be given precedence over other civil cases for trial.
(D) The case may not, in any event, be called for trial until at least sixty days after the date of service upon the landowner of the Condemnation Notice, in cases brought under § 28-2-240, or the Notice of Appeal, in cases brought under § 28-2-250, unless both the condemnee and the landowner agree to a shorter period.