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Civil procedure

serving defendant with lawsuit

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In South Carolina, as in all states, the legal process requires that a defendant in a lawsuit be properly served with a summons or citation and a copy of the complaint initiating the lawsuit. This is to ensure due process, which is the constitutional right to be informed of legal action against oneself and to have a fair opportunity to respond and defend against the lawsuit in court. Service of process must be carried out in a manner prescribed by law, which typically includes personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or service by registered or certified mail. The South Carolina Rules of Civil Procedure outline the specific methods of service allowed in the state. Proper service of process also establishes the court's personal jurisdiction over the defendant, which is the court's authority to make legal decisions affecting the defendant's rights. If a defendant is not properly served, the court may not have jurisdiction, and any judgments or orders issued may be invalid.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Civil procedure

serving defendant with lawsuit

Articles