S.C. Code Regs. § § 9-100.80

Current through Register Vol. 48, No. 11, November 22, 2024

Section 9-100.80 - Withdrawal or Dismissal

A. Withdrawal.

1. An adjudication may be withdrawn without an order of the Adjudicator,

a. by the filing of a stipulation of all parties who have appeared in the adjudication, or

b. by the filing of a notice of withdrawal by the [party initiating the adjudication] at any time before another party has served a responsive pleading or, if there is none, before the introduction of evidence at the hearing.

A notice of withdrawal may not be filed by a party who has previously withdrawn or been dismissed from an adjudication based on (or including) the same claim. Unless otherwise stated in the notice of withdrawal or stipulation, a withdrawal is without prejudice.

2. Except as provided above, an adjudication may not be withdrawn except by order of the Adjudicator and upon such terms and conditions as the Adjudicator deems proper.

B. Dismissal. Any party may move to dismiss the adjudication or any request for relief sought therein for:

1. failure of another party to comply with these rules or with any order of the Adjudicator, or

2. failure to prosecute the adjudication.

Unless the Adjudicator specifies otherwise, a dismissal under this subsection, other than a dismissal for lack of jurisdiction, operates as an adjudication upon the merits.

II. THE PREHEARING STAGE

Comment: The Prehearing Stage provisions detail the initiation of an action, consolidation and severance of actions, and intervention and limited participation in actions. They set forth the rules pertaining to prehearing matters, including all phases of discovery (including but not limited to interrogatories, depositions, and requests to produce or admit). The section also provides details regarding protective orders, motions to compel, sanctions for failure to comply with orders, and a method for alternative dispute resolution.

S.C. Code Regs. § 9-100.80