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Civil procedure

summons and complaint

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 (the complaint) (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 and a copy of the complaint to satisfy the requirements of due process and to establish the court's personal jurisdiction over the defendant. Due process ensures that the defendant is given fair notice of the lawsuit and the opportunity to appear in court to defend against the claims. Personal jurisdiction refers to the court's authority to make decisions affecting the defendant. In South Carolina, service of process can be completed through various methods, including personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or by registered or certified mail, return receipt requested. The specific rules for service of process are outlined in the South Carolina Rules of Civil Procedure. Failure to properly serve a defendant can result in delays or dismissal of the lawsuit.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Civil procedure

summons and complaint

Articles