What are the civil litigation requirements for service of process?
In South Carolina, the requirements for service of process in civil litigation are outlined in Section 15-9-310 of South Carolina’s Code of Laws. Service of process is the way in which a plaintiff provides a defendant with notice about a civil suit. First, it is important to understand that the plaintiff must serve the defendant with a copy of the complaint and other court-issued summons. The plaintiff must ensure that the defendant is aware of the lawsuit. In South Carolina, service of process generally must be made either personally or through service by a qualified process server. Personal service requires a court-issued documents to be delivered directly to the defendant or their representative with the intention of making them aware of the lawsuit. Service by a qualified process server is similar, however, this can be accomplished even if the defendant or their representative refuses to accept it. In South Carolina, if the defendant’s identity or whereabouts are unknown, the plaintiff may request permission from the court to serve by publication. In this case, the court will authorize the service by publishing notice of the lawsuit in a local newspaper. In addition to these options, the court may also allow service by mail or electronic mail if the plaintiff can verify the defendant’s current address. In many cases, service of process is the first step in the civil litigation process. As such, it is important to understand the requirements for service of process in South Carolina in order to ensure a successful lawsuit.
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