# Rule 5, SCRMC: Rule 5. COMPLAINT

> South Carolina · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R5

## Section

- **Citation:** Rule 5, SCRMC
- **Heading:** Rule 5. COMPLAINT
- **Jurisdiction:** South Carolina
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** South Carolina Court Rules / South Carolina Rules of Magistrates Court / Rule 5, SCRMC

## Text

RULE 5
COMPLAINT
(a)
A suit is commenced by filing with the magistrates court a short and plain written statement of the facts showing what the plaintiff claims and why the claim is made. Provided, however, upon a personal appearance, the plaintiff may make an oral statement which shall be reduced to writing. The court or court personnel shall assist the plaintiff in reducing the statement to writing if the court determines assistance is required. This statement shall be called a complaint. A plaintiff may combine as many claims as the plaintiff has against a defendant in one case and may sue more than one defendant in one case if the claim involves all of the defendants.
(b)
The plaintiff shall state on the complaint the address to which the court may mail notices and correspondence concerning the case. If the plaintiff's mailing address changes, the plaintiff must advise the court in writing. The court may notify the plaintiff of all proceedings incident to the case by mailing the notice by regular mail to the plaintiff at the address provided.
(c)
A plaintiff who desires to file an action without costs shall file a motion for leave to proceed
in forma pauperis
, together with the complaint proposed to be filed and an affidavit showing the plaintiff's inability to pay the fee required to file the action. If the motion is granted, the plaintiff may proceed without further application and file the complaint in the court without payment of filing fees.

## Nearby sections

- [Rule 1, SCRMC Rule 1. DEFINITIONS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R1.md)
- [Rule 2, SCRMC Rule 2. APPLICATION OF STATUTORY LAW AND CIRCUIT COURT PRACTICE IN ABSENCE OF RULE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R2.md)
- [Rule 3, SCRMC Rule 3. COMPUTATION OF TIME PERIODS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R3.md)
- [Rule 4, SCRMC Rule 4. FILING CIVIL ACTION; ACTION AGAINST CORPORATION; LONG ARM STATUTE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R4.md)
- [Rule 5, SCRMC Rule 5. COMPLAINT](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R5.md)
- [Rule 6, SCRMC Rule 6. SUMMONS; SERVICE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R6.md)
- [Rule 7, SCRMC Rule 7. ANSWER AND COUNTERCLAIM; TIME FOR FILING](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R7.md)
- [Rule 8, SCRMC Rule 8. DELIVERY AND FILING OF PLEADINGS AND OTHER PAPERS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R8.md)
- [Rule 9, SCRMC Rule 9. COUNTERCLAIM](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R9.md)
- [Rule 10, SCRMC Rule 10. TRIAL DATE; NOTICE; FAILURE TO ANSWER](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R10.md)
- [Rule 11, SCRMC Rule 11. DEFAULT JUDGMENT; DISMISSAL OF ACTION; DAMAGES](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R11.md)
- [Rule 12, SCRMC Rule 12. RELIEF FROM JUDGMENT OR ORDER](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R12.md)
- [Rule 13, SCRMC Rule 13. CONDUCT OF TRIAL; JURY TRIALS; WITNESSES; SUBPOENAS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R13.md)
- [Rule 14, SCRMC Rule 14. AMENDMENT OF COMPLAINTS, ANSWERS, AND COUNTERCLAIMS; CONTINUANCES](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRMC_R5. Check the current official text before relying on it. Not legal advice.