Rule 6 Summons; Service
Library | South Carolina Rules Annotated (SCBar) (2020 Ed.) |
(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
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- Scope & Purpose
- Rule 1 Definitions
- Rule 2 Application of Statutory Law and Circuit Court Practice in Absence of Rule
- Rule 3 Computation of Time Periods
- Rule 4 Filing Civil Action; Action Against Corporation; Long Arm Statute
- Rule 5 Complaint
- Rule 6 Summons; Service
- Rule 7 Answer and Counterclaim; Time for Filing
- Rule 8 Delivery and Filing of Pleadings and Other Papers
- Rule 9 Counterclaim
- Rule 10 Trial Date; Notice; Failure to Answer
- Rule 11 Default Judgment; Dismissal of Action; Damages
- Rule 12 Relief from Judgment or Order
- Rule 13 Conduct of Trial; Jury Trials; Witnesses; Subpoenas
- Rule 14 Amendment of Complaints, Answers, and Counterclaims; Continuances
- Rule 15 Exchange of Information Between Parties; Settlement
- Rule 16 Directed Verdict; Judgment Notwithstanding the Verdict
- Rule 17 Costs; Notice of Judgment; Enforcement
- Rule 18 Appeals
- Rule 19 New Trial; Amendment of Judgments
- Rule 20 Offer of Judgment; Consequences of Non-acceptance
- Rule 21 Business Representation
- Rule 22 Arguments on Motions and at Trial
- Rule 23 Subpoenas
- Rule 24 Forms
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