![]() ![]() What happens, however, when the court dismisses a claim, with prejudice, pursuant to Rule 12(b)(6) and does not consider a party’s request to amend? That issue was recently addressed by the South Carolina Supreme Court in Skydive Myrtle Beach, Inc. Otherwise, amendment may be upon written consent of the adverse party or by leave of court leave shall be freely given when justice requires and amendment does not prejudice any other party. ![]() Rule 15(a) provides that a party may amend its pleading, as a matter of course, at any time before or within 30 days after a responsive pleading. Rule 12(a) instructs the practitioner on procedure following the denial of a Rule 12(b)(6) motion but fails to provide guidance as to applicable process if such a motion is granted. Such motion may be made in any permitted pleading or even upon the trial of the case. It is well established that the defense of failure to state facts sufficient to constitute a cause of action may be set forth by way of motion, pursuant to Rule 12(b)(6). ![]() Also by definition, the rules shall be construed to achieve the speedy and inexpensive determination of every action. The South Carolina Rules of Civil Procedure, by definition, are intended to govern the procedure followed in all South Carolina courts in all civil actions, whether legal or equitable. Maynard Nexsen PC Maynard Nexsen PC Main Content Main Menu Menu ![]()
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