S.C. R. Magis. Ct. 6

(a) Upon the filing of the complaint and a copy with any attachments for each defendant, the court

shall issue a summons. A copy of the original summons, along with a copy of the complaint and any

attachments, shall be served on each defendant.

(b) The summons shall 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, and shall state the

time within which these rules require the defendant to file an answer and any counterclaim, and shall

notify the defendant that in case of failure to do so, judgment by default will be rendered against the

defendant for the relief demanded in the complaint.

(c) Service of the summons may be made by the sheriff, the sheriff's deputy, a magistrate's constable,

or by any other person not less than eighteen (18) years of age, who is not an attorney in or a party to

the action. Service of all other process shall be made by the sheriff or the sheriff's deputy, a

magistrate's constable, 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 who is not an attorney in

or a party to the action.

(d) The summons and complaint must be served together. The plaintiff shall furnish the person making

service with as many copies as are necessary. Voluntary appearance made by the defendant is

equivalent to personal service. Service shall be made as follows:

(1) Individuals. Upon an individual other than a minor under the age of fourteen (14)

years or an incompetent person, by delivering a copy of the summons and complaint

to the individual personally or by leaving copies of the summons and complaint at the

individual's dwelling house or usual place of abode with a resident of suitable age and

discretion, or by delivering a copy to an agent authorized by appointment or by law to

receive service of process.

(2) Minors and Incompetents. Upon a minor under the age of fourteen (14) years, a

person judicially declared incapable of conducting the person's own affairs, or an

incompetent person, by delivering a copy of the summons and complaint to the minor

or incompetent person personally and also a copy to (a) the person's guardian or

committee or, if there is no guardian or committee within the State, upon (b) a parent

or other person having care and control of the person, or (c) any competent person

with whom the person resides or (d) by whom the person is employed. If the

individual upon whom service is made is a minor between the ages of fourteen (14)

and eighteen (18) who lives with a parent or guardian, a copy of the summons and

complaint shall also be served upon the parent or guardian if the parent or guardian

resides within the State. Service on persons confined shall also conform to the

provisions of S.C. Code Ann. § 15-9-510.

(3) Corporations and Partnerships. Upon a corporation, 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 requires it, by also mailing a copy to the defendant.

(4) Governmental Subdivision. Upon a municipal corporation, county, or other

governmental or political subdivision subject to suit in the magistrates court, by

delivering a copy of the summons and complaint to the governmental subdivision's

chief executive officer or clerk, or by serving the summons and complaint in the

manner prescribed by statute for the service of summons and complaint or any similar

process upon this type of defendant.

(5) Statutory Service. Service upon a defendant of any class referred to in paragraph

(d)(1) or (d)(3) of this rule is also sufficient if the summons and complaint are served in

the manner prescribed by statute.

(6) Service by Certified Mail. Service of a summons, complaint, and any appropriate

attachments upon a defendant of any class referred to in paragraph (d)(1) or (d)(3) of

this rule may be made by 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 judgment unless the record contains a return receipt showing the

acceptance by the defendant. Any default judgment shall be set aside pursuant to

Rule 12 if the defendant demonstrates to the court that the return receipt was signed

by an unauthorized person. If delivery is refused or is returned undelivered, service

shall be made as otherwise provided by these rules.

(7) Service by Commercial Delivery Service. Service of a summons, complaint, and

any appropriate attachments upon a defendant of any class referred to in paragraph

(d)(1) or (d)(3) of this subdivision of this rule may be made 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 judgment 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 default judgment shall be set aside pursuant to Rule 12 if the defendant

demonstrates to the court that the delivery record 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.

(e) Same: Other Service. Whenever a statute or an order of the court provides for service of a

summons and complaint, or an order upon a party not an inhabitant or found within the county of the

court's jurisdiction, service shall be made under the circumstance and in the manner prescribed by the

statute, rule, or order.

(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 county of the court's jurisdiction. Nothing in this

subdivision is meant to extend the jurisdiction of the magistrates court beyond the limits otherwise

established by law.

(g) Proof and Return. The person serving the process shall promptly make proof of service and

deliver it to the court. If served by the sheriff, the sheriff's deputy, or a magistrate's constable, proof of

service shall be made by certificate. If served by any other person, the person shall make an affidavit of

service. If served by publication, the printer or publisher shall make an affidavit of publication, and an

affidavit of mailing shall be made to the party or the party's attorney if mailing of process is permitted

or required by law. Failure to make proof of service does not affect the validity of service. The proof of

service shall state 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 the proof of service the date and place of

mailing, and attach a copy of the return receipt or the returned envelope showing whether the mailing

was accepted, refused, or otherwise returned. If the mailing was refused, the return shall also show

proof of any further service on the defendant pursuant to paragraph (d)(6) of this rule. The return

along with the receipt or envelope and any other proof shall be promptly filed with the court 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 with the court with the pleadings and become a part of the

record.

(h) Proof of Service Outside the State. When the service is made outside of the State, the proof of

service may be made 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 to the proof of service an official seal;

(4) A clerk of court of record who shall certify the same by an official seal; or,

(5) If made outside the limits of the United States, a consul, vice-consul, or consular

agent of the United States who shall use in the certificate an official seal.

(i) Amendment. At any time in its discretion and upon terms it deems just, the court may, by written

order, allow any process or proof of service to be amended, unless it clearly appears that material

prejudice would result to the substantial rights of the party against whom the process issued.

(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 the person's attorney and delivered to

the court. The acknowledgement shall state the place and date service is accepted.

(k) Dismissal of Summons and Complaint. Subject to the provisions of any statute, rule, or order, a

magistrate may dismiss a summons and complaint against any or all defendants without prejudice to

the plaintiff if service of process cannot be obtained within one hundred twenty (120) days of the filing

of the complaint.