SCRCP 4

(a) Summons: Issuance. The summons shall be issued by plaintiff or plaintiff's attorney. Copies of the

original summons shall be served upon each defendant.

(b) 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.

(c) 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.

(d) 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:

Note:

This Rule 4(a) differs from the Federal Rule by continuing the present State practice of

the plaintiff or his attorney issuing the summons, rather than having it issued by the

Clerk of Court. The second sentence requires only copies of the original summons to

be served with the complaint on each defendant. Rule 4(b) is substantially identical to

the Federal Rule, being modified only to conform to State practice as set out in Rule

4(a). The first sentence of Rule 4(c) continues present State practice. The second

sentence makes more definite the requirement of Code § 15-9-1030 that an official

person must serve all other process such as rules and orders, except subpoenas. Rule

4(d) conforms to present State and Federal Practice, and states specifically, as does

Code § 15-9-70, that voluntary appearance is equivalent to personal service. It also

preserves Circuit Rule 17 as to notice of appearance.

Note to 1986 Amendment:

Rule 4(c), as originally adopted, could be construed to broaden the definition of

"process" and unduly restrict those who could serve process and other orders. These

amendments conform to prior practice which permitted other law enforcement

officials, and those appointed by the court to serve process. Orders which are not

necessary to establish jurisdiction of person or property, including temporary

restraining orders, are not required to be served by the sheriff unless ordered by the

court. The age requirement is changed to conform to similar language in Rule 45(c).

(d)(1) 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.

Note:

Rules 4(d)(1) through 4(d)(8) conform to the present State practice and the Federal

practice, which refers matters of service of process generally to local State practice.

Rule 4(d)(1) preserves the requirements of Code § 15-9-520.

(d)(2) 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.

Note:

Rule 4(d)(2) preserves and conforms to present practice under Code

§§ 15-9-480 and 15-9-490. Service on persons confined in State penal

or mental facilities will continue to conform also to Code §§ 15-9-500

and 15-9-510.

Note to 1986 Amendment:

In Rule 4(d)(2), the reference to Sec. 15-9-500 is deleted because that

provision has been repealed.

Note to 1995 Amendment:

Rule 4(d)(2) is amended to add a provision for the service of the

summons and complaint on persons confined in a prison or state

hospital. The language is drawn from S.C. Code Ann. § 15-9-500

(1976) (repealed) which governed this situation prior to the adoption

of the Rules of Civil Procedure in 1985.

(d)(3) 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.

Note:

This rule 4(d)(3) conforms to both the Federal Rule and preserves and

supplements Code §§ 15-9-210 through 15-9-330. Rules 4(d)(7) and

4(d)(8) preserve other forms of statutory service on particular classes

of defendants, such as non-resident motorists.

(d)(4) State of South Carolina.

(A) 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.

(B) 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.

(d)(5) State Officer or Agency. Upon an officer or

agency of the 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 General at Columbia. If the agency is a

corporation the copy shall be delivered as provided

in paragraph (3) of this subdivision of this rule.

(d)(6) 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.

Note:

These Rules 4(d)(4) through 4(d)(6) conform to the Federal Rules and

clarify State practice concerning service on the State, its officers or

agencies, and on political subdivisions.

(d)(7) 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.

(d)(8) 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.

(d)(9) Service by Commercial Delivery Service.

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) by a commercial

delivery service which meets the requirements to be

considered a designated delivery service in

accordance with 26 U.S.C. § 7502(f)(2). Service is

effective upon the date of delivery as shown in the

delivery record of the commercial delivery service.

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 delivery record

showing the acceptance by the defendant which

includes an original signature or electronic image of

the signature of the person served. 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 delivery 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.

Note:

Rule 4(d)(7) conforms to the Federal Rule, and preserves State

statutory requirements as to service on particular individuals or

corporations, partnerships and unincorporated associations. Rule

4(d)(8) is the new Federal Rule permitting service of summons and

complaint by registered or certified mail.

Note to 2013 Amendment:

Rule 4(d)(9) authorizes service of process to be made by a qualifying

commercial delivery service and is similar to service by registered or

certified mail.

(e) 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.

Note:

This catch-all provision is the same as the Federal Rule, and is

necessary to cover unusual cases, principally when a court orders

service on a person or party.

The phrase "in lieu of summons" is deleted from Rule 4(e) as

originally adopted to avoid the implication that an action can be

commenced other than by service of summons and complaint.

(f) 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.

Note:

This Rule 4(f) modifies the Federal Rule to cover service outside the

State.

(g) 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. If service was by commercial delivery

service, the person initiating the service of process shall make an

affidavit identifying the process or other documents served and shall

attach to the affidavit a delivery record of the commercial delivery

service which shall contain the date, time, and place of delivery, the

name of the person served, and include an original signature or

electronic image of the signature of the person served. The affidavit

and delivery record and any other proof shall be promptly filed by the

clerk with the pleadings and become a part of the record.

Note:

This Rule 4(g) is a restated version of Code § 15-9-80 and present

Circuit Rule 5. The final sentence conforms to the new Federal Rule on

service by mail, as well as Rule 4(d)(8).

Note to 1994 Amendment:

This amendment to Rule 4(g) deletes "of and" following the word

"envelope" to make the sentence read correctly.

Note to 2013 Amendment:

This amendment to Rule 4(g) details the proof required when a party

serves process utilizing a commercial delivery service.

(h) 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:

(1) Any person in this State authorized to make an

affidavit;

(2) A commissioner of deeds for this State;

(3) A notary public who shall affix thereto his official

seal; or

(4) A clerk of a court of record who shall certify the

same by his official seal.

Note to 2022 Amendment:

Based on the adoption of new Rule 4.1, paragraph

(h)(5) of this rule, which specified the method of

proof of service if made outside the United States,

has been deleted.

(i) 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.

Note:

Rule 4(h) replaces Code § 15-9-90, in the same language, and follows

the Federal Rule. Rule 4(i) is same as Federal Rule and Code § 15-9-

100.

(j) 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.

Note:

This Rule 4(j) is the same as the Federal Rule and follows State practice.

Last amended by Order dated May 2, 2022.