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Service of Process in South Carolina, Third Edition
 
Service of Process in South Carolina, Third Edition Quantity in Basket: None
Code: 713
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John S. Nichols, Esquire
©2012

One of the fundamental prerequisites to maintaining an action in South Carolina is proper service of process. If service is defective, then the validity of any judgment may well be challenged and the judgment overturned.

Service of Process in South Carolina , Third Edition fully updates the second edition released in 2009. The new edition updates the discussion on service upon an agent that binds a principal under Rule 4(d)(1), SCRCP, it adds discussions of the “mailbox” rule under Rule 5(b), SCRCP, and service permitted on Sunday. The Third Edition also adds a new section outlining rules governing service of a Rule to Show Cause, including the new rules the Supreme Court adopted for family court and a new section on Criminal Process upon Domestic and Foreign Corporations. Additionally, there is a brand new chapter governing service of process under the Servicemembers Civil Relief Act of 2003.

This handy resource is an attempt to compile Rules, statutes, and pertinent case law into one source to serve as a quick reference to answer most of the questions regarding proper service of process. The primary focus of the book is on State practice, although Federal practice is similar to South Carolina state procedure. The Federal Rule is provided where the differences are noteworthy.

As an added bonus, sample forms are included as examples of ways to perfect service. All of the forms found in the book will be included on an accompanying CD. Some of the sample forms found on the CD include: a summons, an affidavit of service, a petition for Order of Publication, and a waiver of service.

Summary of Contents

  • 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 Business or Nonprofit Corporations
      Unincorporated Associations
      Foreign Corporations
      Aircraft; Nonresidential Operator
      Railroads
      Traveling Shows
      Vessels: Nonresidential Operators
      Insurance Companies
      Joint-Stock Companies
      Trustees of Inter Vivos Trusts
      Individual Fiduciaries
      Nurserymen
      Criminal Process Upon Domestic or Foreign Corporations

  • 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 from the SC Judicial Department’s Website
      Sample Motion for Commission to Domesticate Subpoena
      Form for Use for Service in Foreign Country
      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 Acknowledgement of Service
      Sample Waiver of Service


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