South Carolina Statutes
§ 62-1-306 — Jury trials.
South Carolina § 62-1-306
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 1 - GENERAL PROVISIONS, DEFINITIONS, AND PROBATE JURISDICTION OF COURT
This text of South Carolina § 62-1-306 (Jury trials.) 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. § 62-1-306 (2026).
Text
(a)If duly demanded, a party is entitled to trial by jury in any proceeding involving an issue of fact in an action for the recovery of money only or of specific real or personal property, unless waived as provided in the rules of civil procedure for the courts of this State. The right to trial by jury exists in, but is not limited to, formal proceedings in favor of the probate of a will or contesting the probate of a will.
(b)If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
(c)The method of drawing, summoning, and compensating jurors under this section shall be within the province of the county jury commission and shall be governed by Ch
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Related
Matter of Howard
434 S.E.2d 254 (Supreme Court of South Carolina, 1993)
Cotty v. Yartzeff
422 S.E.2d 100 (Supreme Court of South Carolina, 1992)
Fulmer v. Cain
670 S.E.2d 652 (Supreme Court of South Carolina, 2008)
In the Interest of Kevin R.
762 S.E.2d 387 (Supreme Court of South Carolina, 2014)
Fulmer v. Cain
(Court of Appeals of South Carolina, 2006)
Legislative History
HISTORY: 1986 Act No. 539, SECTION 1; 1988 Act No. 659, SECTION 4; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-1-306, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-1-306.