South Carolina Rules of Civil Procedure

Rules of civil procedure and service of process requirements for South Carolina.

Last updated October 22, 2026

South Carolina rules for serving a summons and complaint are in the South Carolina Rules of Civil Procedure (SCRCP), mainly Rule 4. Subpoenas are covered by Rule 45. Statutes in Title 15, Chapter 9 of the South Carolina Code add rules for serving corporations, service by publication and Sunday service.

South Carolina doesn't license or register private process servers. Any adult who isn't a party or an attorney in the case can serve a summons. This page covers who can serve, service methods, serving businesses, subpoenas and proof of service.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current South Carolina court rules and South Carolina Code, Title 15, Chapter 9 or ask an attorney before relying on it.

South Carolina process servers

Quick facts: process serving in South Carolina

  • Who can serve: A sheriff or deputy, or anyone 18 or older who isn't a party or an attorney in the case (SCRCP 4(c)).
  • Licensing: No state license, registration or certification for private process servers.
  • Deadline to serve: No fixed deadline in Rule 4. If the statute of limitations runs before service, the action counts as started on filing only if actual service happens within 120 days after filing (SCRCP 3(a), S.C. Code § 15-3-20(B)).
  • Substituted service: Leave the papers at the person's home with someone of suitable age and discretion who lives there (SCRCP 4(d)(1)).
  • Proof of service: A sheriff signs a certificate. Anyone else signs an affidavit (SCRCP 4(g)).
  • Time to respond: 30 days after service of the complaint (SCRCP 12(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across South Carolina. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job, with the date, time and place details Rule 4(g) asks for.

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Do you need a license to serve process in South Carolina?

No. South Carolina has no state license, registration, bond or training requirement for private process servers. Under SCRCP 4(c), a summons can be served by:

  • The sheriff or a deputy
  • Any person 18 or older who isn't a party to the case and isn't an attorney in it

Other process, such as writs and orders, is different. It must be served by a sheriff, deputy or other law enforcement officer, or by an adult the court designates. Subpoenas follow Rule 45.

For a step-by-step guide to getting started, see Become a Process Server in South Carolina.

How to serve a summons in South Carolina

The summons and complaint must be served together. The plaintiff gives the server the copies needed (SCRCP 4(d)).

Personal service: SCRCP 4(d)(1)

Hand a copy of the summons and complaint to the defendant. You can also deliver it to an agent the defendant appointed, or one the law names, to receive service.

Abode service: SCRCP 4(d)(1)

Leave copies at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion who lives there. Leaving papers with a visitor or a neighbor doesn't meet the rule.

Minors, incompetent persons and people in custody: SCRCP 4(d)(2)

  • Minor under 14 or incompetent person: Serve the person and also their guardian. If there's no guardian in South Carolina, serve a parent or caregiver, a competent person they live with, or their employer.
  • Minor 14 to 18 who lives with a parent or guardian: Serve the minor, and also the parent or guardian if they live in South Carolina.
  • People in prison or a state hospital: Service is made by the sheriff of the county where the person is held, or by the prison director or hospital superintendent or a designated assistant. A private process server can't serve them. S.C. Code § 15-9-510 also applies to patients in state mental health facilities.

Certified mail: SCRCP 4(d)(8)

The plaintiff, or anyone allowed to serve under Rule 4(c), can serve an individual or a business by registered or certified mail, return receipt requested, with delivery restricted to the addressee. Service is effective on the delivery date shown on the return receipt.

A default judgment can't be based on mail service unless the return receipt shows the defendant accepted it. If the defendant shows someone else signed, the default must be set aside. If the mail is refused or comes back undelivered, serve another way.

Commercial delivery service: SCRCP 4(d)(9)

Since 2013, an individual or a business can also be served by a commercial delivery company that qualifies as a designated delivery service under 26 U.S.C. § 7502(f)(2). Service is effective on the delivery date in the company's delivery record. The same default limits apply as for certified mail: the record must show the defendant accepted delivery, with their signature or an electronic image of it.

Service by publication: S.C. Code § 15-9-710

If the defendant can't be found in South Carolina after due diligence, the plaintiff can ask for an order of publication supported by an affidavit (§ 15-9-710). The summons is published in a designated newspaper at least once a week for three weeks. A copy is also mailed to the defendant's residence unless it's unknown and can't be found with reasonable diligence (§ 15-9-740). See What is service by publication?

Service outside South Carolina: SCRCP 4(e), 4(f) and 4.1

A summons can be served anywhere in South Carolina, and outside the state when a statute allows it (SCRCP 4(f)). Service on someone outside the state follows the statute or court order that provides for it (SCRCP 4(e)). Personal service of the summons out of state takes the place of publication and mailing, and is complete on the day it's made (S.C. Code § 15-9-750).

Service in another country is covered by SCRCP 4.1, adopted in 2022. It allows service under the Hague Service Convention or another international agreement, under the foreign country's own law, or by another method the court orders.

Acceptance of service: SCRCP 4(j)

If the defendant or their attorney signs a written acceptance of service that states the place and date, and gives it to the person making service, no other proof is needed.

Sunday service: S.C. Code § 15-9-17

You can serve a summons, complaint or other court papers on Sunday. You can't serve someone who is going to, coming from or attending a church or other religious service that day (§ 15-9-17).

Serving businesses and other entities

  • Corporations, partnerships and associations (SCRCP 4(d)(3)): Deliver the summons and complaint to an officer, a managing or general agent, or an agent authorized by appointment or by law. If a statute makes someone an agent and requires it, also mail a copy to the defendant.
  • Registered agent: A domestic corporation's registered agent can be served, or the corporation can be served by certified mail to the registered agent or the corporate secretary under Rule 4(d)(8) (S.C. Code § 15-9-210). Look up registered agents with the South Carolina Secretary of State business search.
  • No agent available: If a domestic corporation has no registered agent, or the agent can't be served with reasonable diligence, a court or clerk can order service by mail to the corporate secretary at the principal office. Service is complete five days after mailing (§ 15-9-210(C)).
  • Foreign corporations: A foreign corporation authorized to do business in South Carolina is served through its registered agent or by mail (§ 15-9-240). One doing business without authority is treated as having appointed the Secretary of State as its agent (§ 15-9-245).
  • State of South Carolina (SCRCP 4(d)(4)): Deliver to the Attorney General. If a statute names another official, deliver to that official and send a copy by registered or certified mail to the Attorney General in Columbia.
  • State officers and agencies (SCRCP 4(d)(5)): Deliver to the officer or agency, and mail a copy by registered or certified mail to the Attorney General in Columbia.
  • Counties, cities and other local governments (SCRCP 4(d)(6)): Deliver to the chief executive officer or the clerk, or serve as a statute provides.

Serving a subpoena in South Carolina

Any person 18 or older who isn't a party can serve a subpoena, anywhere in South Carolina (SCRCP 45(b)). It's served using the methods for a summons in Rule 4(d) or by acceptance under Rule 4(j).

  • Witness fees: If the subpoena commands attendance, the witness must be paid $25 per day plus mileage at the state travel rate, from their residence. Since 2015, fees are tendered when the witness arrives, not when the subpoena is served. No fees are needed for a subpoena issued for the State or a state agency.
  • Non-party subpoenas: A subpoena for a non-party's deposition, documents or inspection must issue from, and be served in, the county where that person lives, works or regularly does business in person.
  • Notice to parties: For a subpoena for documents or inspection before trial, the other parties must get a copy at least 10 days before compliance and before the subpoena is served (SCRCP 45(a)(4), amended 2020).
  • Proof: File a statement with the clerk of the issuing court giving the date and manner of service and the names of the people served, certified by the server.

Proof of service: SCRCP 4(g)

The server must make proof of service promptly and give it to the person who issued the process. A sheriff or deputy signs a certificate. Anyone else signs an affidavit.

The proof must state:

  • The date, time and place of service
  • The name and address of the person served, or a description of them if the name isn't known

For mail service, the proof shows the date and place of mailing and attaches the return receipt or returned envelope. For commercial delivery, the person who started the service files an affidavit identifying the papers, with a delivery record showing the date, time and place of delivery, the name of the person served and their signature or an electronic image of it.

Failing to file proof doesn't make the service invalid. The court can allow the proof to be amended (SCRCP 4(i)).

If service is made outside South Carolina but inside the United States, the affidavit can be sworn before a notary public who affixes their seal, a clerk of a court of record, a commissioner of deeds for South Carolina, or anyone in South Carolina authorized to take affidavits (SCRCP 4(h)).

Hire a South Carolina process server

Browse all South Carolina process servers to find agencies near the court or the person you need served.

More South Carolina resources

This page is a general overview of South Carolina law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.

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