Dismissal Of Child Visitation Case

Summary

In South Carolina, dismissal of a case due to inactivity isnt automatic under Rule 40(j) of the South Carolina Rules of Civil Procedure. A motion to dismiss must be filed. You can request a telephonic or video court appearance due to medical reasons under Rule 43(b). If you wish to dismiss your case without prejudice, you can file a motion under Rule 41(a), even if theres a standing hearing date. Consult a legal professional for specific advice.

Full Conversation

I brought rtsc against defendant for violating temporary child visitation order and due to recent surgery, I am not able to attend court. Previous attorney I had removed themself from my case where I am not pro se.
Hello ****, I'm sorry to hear about your situation. It may be possible to request a telephonic or video court appearance due to your surgery. In South Carolina:
- You can request such accommodations under Rule *(b) of the South Carolina Rules of Civil Procedure.
- A Motion for Telephonic Appearance can be filed.
Please consult with a legal professional for your specific situation.
with that being said - the last signed * bench mark was filed August * - therefore, this case should really have already been dismissed without prejudice... is that true - since no final order has been issued?
In South Carolina:
- The *-day rule under Rule *(j) of the South Carolina Rules of Civil Procedure requires dismissal of cases that haven't had an action in a year.
- However, dismissal isn't automatic. A motion for dismissal needs to be filed.
- Whether your case qualifies for dismissal depends on specific circumstances.
Please consult a legal professional for further advice.
the case has been going on since December * --- *.5 years... I'm sure it should have been dismissed by now due to the * bench mark rule
I understand your concerns, ****. According to Rule *(j) of the South Carolina Rules of Civil Procedure:
- Dismissal isn't automatic, even if the case has been inactive for more than a year.
- A motion to dismiss due to inactivity is required.
- The court's decision will depend on specific circumstances.
Please consult a legal professional for further advice.
could I request the case be dismissed without prejudice since I brought the rtsc but now have no attorney
In South Carolina:
- You, as a party in the case, can file a motion to dismiss without prejudice under Rule *(a) of the South Carolina Rules of Civil Procedure.
- This means the case can be reopened in the future.
- Consult with a legal professional for further advice.
can that be done with a standing hearing date for the defendant to answer the rtsc?
In South Carolina:
- You can file a motion to dismiss even if there's a standing hearing date.
- However, the court will decide whether to grant your request.
- Consulting with a legal professional is advised for further guidance.
thanks
You're welcome, ****! If you have any more questions in the future, feel free to reach out. Wishing you a speedy recovery and all the best with your legal journey.