Rule 6 Summons; Service

LibrarySouth Carolina Rules Annotated (SCBar) (2020 Ed.)
RULE 6 SUMMONS; SERVICE

(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
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT