South Carolina § 15-3-40 - Exceptions as to persons under disability.
Full text of South Carolina South Carolina Code of Laws § 15-3-40 — Exceptions as to persons under disability., with citation guidance and answers to common questions.
§ 15-3-40. Exceptions as to persons under disability.
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.
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.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 15-3-40
What does South Carolina Code of Laws § 15-3-40 cover?
Section 15-3-40 ("Exceptions as to persons under disability.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 15-3-40?
A common citation format is "South Carolina Code of Laws § 15-3-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 15-3-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.