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South Carolina Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
South Carolina Courts website
for updated and complete rules of civil procedure
in South Carolina.
Rules of Civil Procedure in South
Carolina:
Rule
4. Process
Summons: Issuance.
The summons shall be issued by
plaintiff or plaintiff's attorney.
Copies of the original summons shall
be served upon each defendant.
Same: Form.
The summons shall be signed by
the plaintiff or his attorney,
contain the name of the State and
county, the name of the court, the
file number of the action, and the
names of the parties, be directed to
the defendant, state the name and
address of the plaintiff's attorney,
if any, otherwise the plaintiff's
address, and the time within which
these rules require the defendant to
appear and defend, and shall notify
him that in case of his failure to
do so judgment by default will be
rendered against him for the relief
demanded in the complaint.
By whom served.
Service of summons may be made by
the sheriff, his deputy, or by any
other person not less than eighteen
(18) years of age, not an attorney
in or a party to the action. Service
of all other process shall be made
by the sheriff or his deputy or any
other duly constituted law
enforcement officer or by any person
designated by the court who is not
less than eighteen (18) years of age
and not an attorney in or a party to
the action, except that a subpoena
may be served as provided in Rule
45.
(Amended effective May 1, 1986)
Summons: Personal service.
The summons and complaint must be
served together. The plaintiff shall
furnish the person making service
with such copies as are necessary.
Voluntary appearance by defendant is
equivalent to personal service; and
written notice of appearance by a
party or his attorney shall be
effective upon mailing, or may be
served as provided in this rule.
Service shall be made as follows
- Individuals. Upon an
individual other than a minor
under the age of 14 years or an
incompetent person, by
delivering a copy of the summons
and complaint to him personally
or by leaving copies thereof at
his dwelling house or usual
place of abode with some person
of suitable age and discretion
then residing therein, or by
delivering a copy to an agent
authorized by appointment or by
law to receive service of
process.
- Minors, Incompetents and
Persons Confined. Upon a minor
under the age of 14 years, a
person judicially declared
incapable of conducting his own
affairs, or an incompetent
person by delivering a copy of
the summons and complaint to
such minor, or incompetent
personally and also a copy to
(a) the guardian or committee of
such person, or if there be none
such within the State upon (b) a
parent or other person having
the care and control of such
person, or (c) any competent
person with whom he resides or
(d) in whose service he is
employed. If the individual upon
whom service is made is a minor
between the ages of 14 and 18,
who lives with a parent or
guardian, a copy of the summons
and complaint shall likewise be
served upon said parent or
guardian, if said parent or
guardian resides within the
State. Service on imprisoned
persons or persons confined in a
state hospital or similar
institution, in or out of this
State, shall be made by
delivering a copy of the summons
and complaint to the confined
person personally; and service
shall be made by the sheriff of
the county in which the person
is imprisoned or confined. In
cases of persons imprisoned, and
patients in a state hospital or
similar institution, personal
service of process may be made
by the superintendent of the
institution or by the director
of the prison system or by
assistants duly designated by
the superintendent or the
director in writing for the
purpose of making service of
process, instead of the sheriff.
The superintendent or the
director or their designated
assistants shall not be entitled
to any costs therefore. Service
on confined or imprisoned
persons shall also conform to
the provisions of § 15-9-510,
S.C. Code, 1976.
- Corporations and
Partnerships. Upon a corporation
or upon a partnership or other
unincorporated association which
is subject to suit under a
common name, by delivering a
copy of the summons and
complaint to an officer, a
managing or general agent, or to
any other agent authorized by
appointment or by law to receive
service of process and if the
agent is one authorized by
statute to receive service and
the statute so requires, by also
mailing a copy to the defendant.
- State of South Carolina.
- When State a Party. Upon
the State of South Carolina
by delivering a copy of the
summons and complaint to the
Attorney General, or when
another official is
designated to be served by
the statute permitting such
action by delivering a copy
of the summons and complaint
to that official and sending
a copy of the summons and
complaint by registered or
certified mail to the
Attorney General at
Columbia.
- When Unconstitutionality
of Statute is Asserted. In
any action attacking the
Constitutionality of a State
statute when the State,
officer or agency is not
made a party, a copy of the
summons and complaint shall
be sent by registered or
certified mail to the
Attorney General.
- State officer or Agency.
Upon an officer or agency of
State by delivering a copy of
the summons and complaint to
such officer or agency and by
sending a copy of the summons
and complaint by registered or
certified mail to the Attorney
Generalat Columbia. If the
agency is a corporation the copy
shall be delivered as provided
in paragraph (3) of this
subdivision of this rule.
- Governmental Subdivision.
Upon a municipal corporation,
county or other governmental or
political subdivision subject to
suit, by delivering a copy of
the summons and complaint to the
chief executive officer or clerk
thereof, or by serving the
summons and complaint in the
manner prescribed by statute for
the service of summons and
complaint or any like process
upon any such defendant.
- Statutory Service. Service
upon a defendant of any class
referred to in paragraph (1) or
(3) of this subdivision of this
rule is also sufficient if the
summons and complaint are served
in the manner prescribed by
statute.
- Service by Certified Mail.
Service of a summons and
complaint upon a defendant of
any class referred to in
paragraph (1) or (3) of this
subdivision of this rule may be
made by the plaintiff or by any
person authorized to serve
process pursuant to Rule 4 (c),
including a sheriff or his
deputy, by registered or
certified mail, return receipt
requested and delivery
restricted to the addressee.
Service is effective upon the
date of delivery as shown on the
return receipt. Service pursuant
to this paragraph shall not be
the basis for the entry of a
default or a judgment by default
unless the record contains a
return receipt showing the
acceptance by the defendant. Any
such default or judgment by
default shall be set aside
pursuant to Rule 55 (c) or Rule
60 (b) if the defendant
demonstrates to the court that
the return receipt was signed by
an unauthorized person. If
delivery of the process is
refused or is returned
undelivered, service shall be
made as otherwise provided by
these rules.
Same: Other Service.
Whenever a statute or an order of
court provides for service of a
summons and complaint or of a
notice, or an order upon a party not
an inhabitant of or found within the
State, service shall be made under
the circumstances and in the manner
prescribed by the statute, rule, or
order.
Territorial Limits of
Effective Service.
All process other than a subpoena
may be served anywhere within the
territorial limits of the State, and
when a statute so provides, beyond
the territorial limits of the State.
A subpoena may be served within the
territorial limits provided in Rule
45.
Proof and Return.
The person serving the process
shall make proof of service thereof
promptly and deliver it to the
officer or person who issued same.
If served by the sheriff or his
deputy, he shall make proof of
service by his certificate. If
served by any other person, he shall
make affidavit thereof. If served by
publication, the printer or
publisher shall make an affidavit
thereof, and an affidavit of mailing
shall be made by the party or his
attorney if mailing of process is
permitted or required by law.
Failure to make proof of service
does not affect the validity of the
service. The proof of service shall
state the date, time and place of
such service and, if known, the name
and address of the person actually
served at the address of such
person, and if not known, then the
date, time and place of service and
a description of the person actually
served. If service was by mail, the
person serving process shall show in
his proof of service the date and
place of mailing, and attach a copy
of the return receipt or returned
envelope when received by him
showing whether the mailing was
accepted, refused or otherwise
returned. If the mailing was
refused, the return shall also make
proof of any further service on the
defendant pursuant to paragraph (8)
of subdivision (d) of this rule. The
return along with the receipt or
envelope and any other proof shall
be promptly filed by the clerk with
the pleadings and become a part of
the record.
Proof of service without the
State.
When the service is made out of
the State the proof of such service
may be made, if within the United
States, by affidavit before:
- Any person in this State
authorized to make an affidavit;
- A commissioner of deeds for
this State;
- A notary public who shall
affix thereto his official seal,
or
- A clerk of court of record
who shall certify the same by
his official seal; and,
- If made without
the limits of the United States,
before a consul, vice-consul or
consular agent of the United
States who shall use in his
certificate his official seal.
Amendment.
At any time in its discretion and
upon terms as it deems just, the
court may, by written order, allow
any process or proof of service
thereof to be amended, unless it
clearly appears that material
prejudice would result to the
substantial rights of the party
against whom the process issued.
Acceptance of Service.
No other proof of service shall
be required when acceptance of
service is acknowledged in writing
and signed by the person served or
his attorney, and delivered to the
person making service. The
acknowledgement shall state the
place and date service is accepted.
Rule
45 Subpoena
Form; Issuance.
- Every subpoena shall:
- state the name of the
court from which it is
issued; and
- state the title of the
action, the name of the
court in which it is
pending, and its civil
action number; and
- command each person to
whom it is directed to
attend and give testimony or
produce and permit
inspection and copying of
designated books, documents
or tangible things in the
possession, custody or
control of that person, or
to permit inspection of
premises, at a time and
place therein specified; and
- set forth the text of
subdivision (c) and (d) of
this rule. A command to
produce evidence or to
permit inspection may be
joined with a command to
appear at trial or hearing
or at deposition, or may be
issued separately.
- A subpoena commanding
attendance at a trial or hearing
shall issue from the court for
the county in which the hearing
or trial is to be held. A
subpoena for attendance at a
deposition shall issue from the
court for the county designated
by the notice of deposition as
the county in which the
deposition is to be taken. If
separate from a subpoena
commanding the attendance of a
person, a subpoena for
production or inspection shall
issue from the court for the
county in which production or
inspection is to be made.
Provided, however, that a
subpoena to a person who is not
a party or an officer, director
or managing agent of a party,
commanding attendance at a
deposition or production or
inspection shall issue from the
court for the county in which
the non-party resides or is
employed or regularly transacts
business in person.
- The clerk shall issue a
subpoena, signed but otherwise
in blank, to a party requesting
it, who shall complete it before
service. An attorney as officer
of the court may also issue and
sign a subpoena on behalf of a
court in which the attorney is
authorized to practice.
Service.
- A subpoena may be served by
any person who is not a party
and is not less than 18 years of
age. Service of a subpoena upon
a person named therein shall be
made by delivering a copy
thereof to such person and, if
the person's attendance is
commanded, by tendering to that
person the fees for one day's
attendance of $25.00 and the
mileage allowed by law for
official travel of State
officers and employees. When the
subpoena is issued on behalf of
the State of South Carolina or
an officer or agency thereof,
fees and mileage need not be
tendered. Unless otherwise
ordered by the court, prior
notice in writing of any
commanded production of
documents and things or
inspection of premises before
trial shall be served on each
party in the manner prescribed
by Rule 5(b) at least 10 days
before the time specified for
compliance.
- Subject to the provisions of
clause (ii) of subparagraph
(c)(3)(A) of this rule, a
subpoena may be served at any
place within the State.
Provided, however, that a
subpoena to a person who is not
a party or an officer, director
or managing agent of a party,
commanding attendance at a
deposition or production or
inspection shall issue from the
court for the county in which
the non-party resides or is
employed or regularly transacts
business in person and be served
in that county.
- Proof of service when
necessary shall be made by
filing with the clerk of the
court by which the subpoena is
issued a statement of the date
and manner of service and of the
names of the persons served,
certified by the person who made
the service.
Protection of Persons Subject
to Subpoenas.
- A party or an attorney
responsible for the issuance and
service of a subpoena shall take
reasonable steps to avoid
imposing undue burden or expense
on a person subject to that
subpoena. The court on behalf of
which the subpoena was issued
shall enforce this duty and
impose upon the party or
attorney in breach of this duty
an appropriate sanction, which
may include, but is not limited
to, lost earnings and a
reasonable attorney's fee.
- (A) A person commanded to
produce and permit inspection
and copying of designated books,
papers, documents or tangible
things, or inspection of
premises need not appear in
person at the place of
production or inspection unless
commanded to appear for
deposition, hearing or trial. A
party or an attorney responsible
for the issuance and service of
a subpoena for production of
books, papers and documents
without a deposition shall
provide to another party copies
of documents so produced upon
written request. The party
requesting copies shall pay the
reasonable costs of
reproduction.
(B) Subject to paragraph (d)(2)
of this rule, a person commanded
to produce and permit inspection
and copying may, within 14 days
after service of the subpoena or
before the time specified for
compliance if such time is less
than 14 days after service,
serve upon the party or attorney
designated in the subpoena
written objection to inspection
or copying of any or all of the
designated materials or of the
premises. If objection is made,
the party serving the subpoena
shall not be entitled to inspect
and copy the materials or
inspect the premises except
pursuant to an order of the
court by which the subpoena was
issued. If objection has been
made, the party serving the
subpoena may, upon notice to the
person commanded to produce,
move at any time in the court
that issued the subpoena for an
order to compel the production.
Such an order to compel
production shall protect any
person who is not a party or an
officer of a party from
significant expense resulting
from the inspection and copying
commanded.
- On timely motion, the court
by which a subpoena was issued,
or regarding a subpoena
commanding appearance at a
deposition, or production or
inspection directed to a
non-party, the court in the
county where the nonparty
resides, is employed or
regularly transacts business in
person, shall quash or modify
the subpoena if it:
- fails to allow
reasonable time for
compliance; or
- requires a person who is
not a party nor an officer,
director or managing agent
of a party, nor a general
partner of a partnership
that is a party, to travel
more than 50 miles from the
county where that person
resides, is employed or
regularly transacts business
in person, except that,
subject to the provisions of
clause (c)(3)(B)(iii) of
this rule, such a person may
in order to attend trial be
commanded to travel from any
such place within the state
in which the trial is held,
or
- requires disclosure of
privileged or otherwise
protected matter and no
exception or waiver applies;
or
- subjects a person to
undue burden.
- If a subpoena:
- requires disclosure of a
trade secret or other
confidential research,
development, or commercial
information, or
- requires disclosure of
an unretained expert's
opinion or information not
describing specific events
or occurrences in dispute
and resulting from the
expert's study made not at
the request of any party, or
- requires a person who is
not a party nor an officer,
director or managing agent
of a party, nor a general
partner of a partnership
that is a party, to incur
substantial expense to
travel from the county where
that person resides, is
employed or regularly
transacts business in person
the court may, to protect a
person subject to or
affected by the subpoena,
quash or modify the subpoena
or, if the party in whose
behalf the subpoena is
issued shows a substantial
need for the testimony or
material that cannot be
otherwise met without undue
hardship and assures that
the person to whom the
subpoena is addressed will
be reasonably compensated,
the court may order
appearance or production
only upon specified
conditions.
Duties in Responding to
Subpoena.
- A person responding to a
subpoena to produce documents
shall produce them as they are
kept in the usual course of
business or shall organize and
label them to correspond with
the categories in the demand.
- When information subject to
a subpoena is withheld on a
claim that it is privileged or
subject to protection as trial
preparation materials, the claim
shall be made expressly and
shall be supported by a
description of the nature of the
documents, communications, or
things not produced that is
sufficient to enable the
demanding party to contest the
claim.
Contempt.
Failure by any person without
adequate excuse to obey a subpoena
served upon that person may be
deemed a contempt of the court from
which the subpoena issued. An
adequate cause for failure to obey
exists when a subpoena purports to
require a non-party to attend a
deposition, permit an inspection, or
produce at a place not within the
limits provided by clause (ii) of
subparagraph (c)(3)(A).
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