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Service of Process in South Carolina, Fourth Edition
 
Service of Process in South Carolina, Fourth Edition Quantity in Basket: None
Code: 713
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John S. Nichols, Esquire
©2014

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, Fourth Edition fully updates the Third Edition released in 2012. The new edition covers the new rules governing service by Commercial Delivery Services, adds a new chapter governing service in Magistrate’s Court, and includes a table of cases and authorities. The discussions regarding substituted services are expanded as well.

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. The update also includes materials on service upon a Limited Liability Company.

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

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 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

Tables of Cases and Authorities



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