§ 26-6-10 Short title; purpose
§ 26-6-20 Definitions
§ 26-6-30 Applicability to electronic records and electronic signatures relating to transaction; exceptions
§ 26-6-40 Prospective application of chapter
§ 26-6-50 Agreement of parties to conduct transactions by electronic means
§ 26-6-60 Construction and application
§ 26-6-70 Legality of electronic contracts, records, and signatures
§ 26-6-80 Satisfying requirement that information be in writing; complying with manner of transmission and format requirements; exceptions
§ 26-6-90 Showing that electronic record or signature is attributable to a person; effect of electronic record or signature
§ 26-6-100 Change or error in transmission of electronic record; circumstances under which effect may be avoided; applicability of other law
§ 26-6-110 Satisfying requirement that signature or record be notarized
§ 26-6-120 Satisfying law requiring a record to be maintained; checks
§ 26-6-130 Admissibility as evidence
§ 26-6-140 Automated transactions; formation of contract
§ 26-6-150 When electronic record sent and received
§ 26-6-160 Establishing person as having control of transferable record; rights and defenses; proof of control
§ 26-6-170 Creation and retention of electronic records by government agencies
§ 26-6-180 Government agencies sending and accepting electronic records and signatures; format
§ 26-6-190 Development of standards and procedures; service of process
§ 26-6-195 Service of process to e-mail address by government agency
§ 26-6-210 Applicability of Computer Crime Act

Terms Used In South Carolina Code > Title 26 > Chapter 6

  • 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.
  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures giving the effect of agreements under law otherwise applicable to a particular transaction. See South Carolina Code 26-6-20
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of any of the parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See South Carolina Code 26-6-20
  • clerk: as used in this title , signifies the clerk of the court where the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified. See South Carolina Code 15-1-60
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer program: means a set of statements or instructions used directly or indirectly in an information processing system to bring about a certain result. See South Carolina Code 26-6-20
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means the total legal obligation resulting from the agreement of the parties as affected by this chapter and other applicable law. See South Carolina Code 26-6-20
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See South Carolina Code 26-6-20
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See South Carolina Code 26-6-20
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See South Carolina Code 26-6-20
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See South Carolina Code 26-6-20
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign judgment: means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in Section 63-17-2910 (the Uniform Interstate Family Support Act) or a "custody decree" as defined in Section 63-15-302 (the Uniform Child Custody Jurisdiction Act). See South Carolina Code 15-35-910
  • Fraud: Intentional deception resulting in injury to another.
  • Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See South Carolina Code 26-6-20
  • Individual: means a single natural person; one human being. See South Carolina Code 26-6-20
  • Information: means data, text, images, sounds, codes, computer programs, software, databases, or other forms for the communication or reception of knowledge. See South Carolina Code 26-6-20
  • Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See South Carolina Code 26-6-20
  • Judgment creditor: means the party in whose favor a foreign judgment has been rendered. See South Carolina Code 15-35-910
  • Judgment debtor: means the party against whom a foreign judgment has been rendered. See South Carolina Code 15-35-910
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity. See South Carolina Code 26-6-20
  • personal property: as used in this Title , include money, goods, chattels, things in action and evidences of debt. See South Carolina Code 15-1-40
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: as used in this Title , includes both real and personal property. See South Carolina Code 15-1-50
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 26-6-20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See South Carolina Code 26-6-20
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 26-6-20
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See South Carolina Code 26-6-20
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States Postal Service Electronic Postmark: means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a certain form at a certain time and the electronic document was opened or the contents of the electronic document were displayed at a time and date documented by the United States Post Office. See South Carolina Code 26-6-20
  • Verdict: The decision of a petit jury or a judge.