South Carolina § 15-3-40 Exceptions as to persons under disability.

South Carolina Statutes

§ 15-3-40 — Exceptions as to persons under disability.

South Carolina § 15-3-40

Title 15CIVIL REMEDIES AND PROCEDURES

Ch. 3LIMITATION OF CIVIL ACTIONS

This text of South Carolina § 15-3-40 (Exceptions as to persons under disability.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 15-3-40 (2026).

Text

If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued either:

(1)within the age of eighteen years; or (2) insane; the time of the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:

(a)more than five years by any such disability, except infancy; nor (b) in any case longer than one year after the disability ceases.

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If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued either: (1) within the age of eighteen years; or (2) insane; the time of the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended: (a) more than five years by any such disability, except infancy; nor (b) in any case longer than one year after the disability ceases.

Legislative History

HISTORY: 1962 Code SECTION 10-104; 1952 Code SECTION 10-104; 1942 Code SECTION 359; 1932 Code SECTION 359; Civ. P. '22 SECTION 342; Civ. P. '12 SECTION 148; Civ. P. '02 SECTION 122; 1870 (14) 448 SECTION 124; 1918 (30) 715; 1976 Act No. 695, SECTION 1; 1988 Act No. 352, SECTION 1; 1996 Act No. 234, SECTION 1.