Service of Process in South Carolina, 6th Edition


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Service of Process in South Carolina – Sixth Edition

By John S. Nichols, Esquire

Your essential guide to service of process in South Carolina, now fully updated for 2025!

This Sixth Edition delivers the most current and comprehensive overview of South Carolina’s rules, statutes, and case law governing service of process. Packed with practical guidance  
and sample forms, this resource is indispensable for attorneys handling civil litigation, family court matters, and special proceedings.

  • What’s Inside:
  • Clear explanations of rules and jurisdiction
  • Step-by-step procedures for personal, certified mail, and electronic service
  • Guidance on service by publication and commercial delivery
  • Detailed coverage of service in magistrate’s court and on governmental entities
  • International service under the Hague Service Convention
  • Analysis of the Servicemembers Civil Relief Act and its impact on defaults
  • Updated sample forms, including summonses, affidavits, petitions, and waivers

Whether you’re new to litigation or are a seasoned practitioner, this concise, authoritative guide will help you navigate complex service requirements with confidence. Order today and ensure your cases start and stay on solid ground!

 

Summary of Contents – Sixth Edition

General Rules 
Commencement of the Action 
Miscellaneous Rules 
What Must Be Served 
Who May Serve Process 
Voluntary Appearance 
Service of a Rule to Show Cause


Methods of Service 
Summons and Complaint: General Rules 
Service of a Subpoena 
Territorial and Other Limits of Effective Service 
Proof of Service and Return 
Filing of Documents and Things


Statutes Affecting Service 
Nonresident Motorist and Motor Carriers Generally 
Service Upon the Unknown John Doe Motorists 
Domestic Businesses or Nonprofit Corporations 
Unincorporated Associations 
Foreign Corporations 
Aircraft; Nonresident Operator 
Railroads 
Traveling Shows 
Vessels; Nonresident Operators 
Insurance Companies 
Joint-Stock Companies 
Trustees of Inter Vivos Trusts 
Individual Fiduciaries 
Nurserymen 
Criminal Process Upon Domestic or Foreign Corporations


Specific Rules Affecting Service in Magistrate’s Court 
The Summons in Magistrate’s Court 
Service of Documents: Who May Serve 
Service of Documents: Who to Be Served 
Other Methods of Service 
Territorial Limits of Effective Service 
Proof of Service 
Acceptance of Service 
Dismissal 
Service on Sundays


Service in Other Countries: The Hague Service Convention 
General Overview 
Purpose of the Service Convention 
Applicability of the Service Convention 
Channels of Transmission under the Service Convention 
What Must Be Served 
How Service Is Accomplished and Resulting Certificate of Service 
Objections to Service 
Default 
Costs of Service under the Service Convention 
Miscellaneous Provisions


The Servicemembers Civil Relief Act 
Servicemembers Civil Relief Act, Generally 
Protection of Servicemember from Default


Appendices: Sample Forms 
Sample Forms from the SC Judicial Department’s Website 
Sample Motion for Commission to Domesticate Subpoena 
Form for Request for Service Abroad of Judicial or Extrajudicial Documents 
Sample Richland County Sheriff’s Department Affidavit of Service 
Sample Petition for Order of Publication 
Sample Order of Service by Publication 
Sample Affidavit of Publication 
Sample Acknowledgment of Service 
Sample Waiver of Service


Tables of Cases and Authorities

 

 

Service of Process

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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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