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
