Can the served SC-owner ask for more time to respond, and does that delay the hearing? – South Carolina

Short Answer

Yes. A co-owner who has been formally served in a South Carolina partition action may ask the court for more time to respond. Filing that request does not automatically extend the response deadline or delay a scheduled hearing; the court must grant the extension, and postponing the hearing generally requires a continuance order.

Understanding the Problem

The issue is whether a co-owner in a South Carolina partition action can obtain additional time to answer after personal service by law enforcement and whether that request changes an existing hearing date. The response deadline begins with formal service, while the hearing remains scheduled unless the Court of Common Pleas issues an order changing it.

Apply the Law

South Carolina Rule of Civil Procedure 12(a) generally gives a defendant 30 days after service of the summons and pleading to serve an answer. Under Rule 6(b), the court may enlarge that period for cause if the co-owner requests more time before the deadline. If the deadline has already passed, the co-owner generally must file a motion and establish excusable neglect. A hearing date operates separately: under Rule 40, only the court may continue a scheduled hearing for sufficient cause.

Key Requirements

Timely request: The co-owner should request an extension before the 30-day response period expires. A late request faces the higher excusable-neglect standard and possible default proceedings.
Reason for more time: The filing should identify a concrete reason, such as the need to obtain counsel, review ownership records, or investigate the claims.
Court approval: Filing or serving a request does not grant extra time. An order must set the new response deadline.
Separate hearing relief: If a hearing is already scheduled, the co-owner should also request a continuance. An answer extension alone does not remove the hearing from the calendar.

What the Statutes Say

S.C. Code Ann. § 15-61-50 (Partition Jurisdiction) – gives the Court of Common Pleas authority to divide co-owned property, allot it to one or more owners, or order a sale when a fair physical division is not practical.
S.C. Code Ann. § 15-61-10 (Partition and Heirs’ Property Determination) – requires a preliminary determination of whether real property qualifies as heirs’ property when that issue appears in a motion or pleading.
S.C. Code Ann. § 15-61-370 (Heirs’ Property Buyout Procedure) – provides separate trial-related deadlines, including notice of an eligible cotenant’s interest in purchasing no later than ten days before the partition trial.

Analysis

Apply the Rule to the Facts: Because the co-owner was formally served, the usual 30-day answer period generally runs from the service date. The co-owner may ask for an extension by showing a legitimate need for additional time, but the existing deadline remains in effect until the court enters an order. If a hearing has already been scheduled, it also remains in place unless the court separately grants a continuance.

Process & Timing

Who files: The served co-owner. Where: The Clerk of Court for the Court of Common Pleas where the partition action is pending, or the same clerk if the matter has been referred to the county’s master-in-equity. What: A motion or written request for an extension under Rule 6(b), stating the proposed new deadline and the reason for the request. When: Preferably before the 30-day period following personal service expires.
The co-owner must serve the filing on the other parties. The opposing party may consent or object, but consent alone does not change a court deadline unless accepted through the proper procedure. The court may decide the request from the written filings or schedule a short hearing, depending on local practice. A more detailed discussion appears in this guide to extending the time to answer a South Carolina partition complaint.
If a partition hearing is already on the calendar, the co-owner should request a continuance and explain why the extension affects preparation for that hearing. Until an order changes the schedule, all parties should treat the original hearing date as controlling. The resulting order should identify the new response deadline and, if granted, the rescheduled hearing date.

Exceptions & Pitfalls

Late requests: After the response deadline, the co-owner generally must show excusable neglect. Waiting without filing may expose the co-owner to an entry of default.
No automatic extension: A pending motion, an informal agreement, or a request sent to another party does not necessarily suspend the answer deadline.
No automatic continuance: Even a granted answer extension may leave the hearing date unchanged unless the order also continues the hearing or the court enters a separate scheduling order.
Different types of hearings: A preliminary hearing about whether the property qualifies as heirs’ property may proceed even if the merits hearing will occur later.
Separate statutory deadlines: If the property qualifies as heirs’ property, extending the answer deadline may not extend buyout notices or other deadlines tied to the partition trial.
Service and calculation errors: The service return, summons, weekends, court holidays, and the method of service can affect deadline calculations. The filed proof of service and court papers should be reviewed carefully.

Conclusion

In South Carolina, a formally served co-owner may seek more time to answer a partition pleading, but only a court-approved extension changes the usual 30-day response deadline. The request alone does not postpone a scheduled hearing; a continuance requires separate relief and a court order. The key threshold is cause before the deadline, or excusable neglect afterward. File a Rule 6(b) extension request—and, if needed, a continuance request—with the Clerk of Court before the 30-day answer period expires.

Talk to a Partition Action Attorney

If a served co-owner is requesting more time or a partition hearing is approaching, our firm has experienced attorneys who can help explain the response deadline, continuance procedure, and available options under South Carolina law.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.