South Carolina Sample Summons

State:
South Carolina
Control #:
SC-SKU-0459
Format:
PDF
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Sample Summons

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FAQ

Service of a summons and complaint may be made by the plaintiff or by any person authorized to serve with South Carolina Process Service by registered or certified mail, return receipt requested, and delivery restricted to the addressee. On the return receipt, the date of delivery is shown as the date of service.

A person may be held in direct contempt if his/her conduct interferes with judicial proceedings, exhibits disrespect for the Court, or hampers the parties or witnesses.

Defendants can ask the court to dismiss the case or to transfer the case to the correct court. Venue rules are based on 28 USC §1391. 12(b)(4) and (5) allow a party to move to dismiss for insufficient process and insufficient service of process. Insufficient process means that the summons is defective.

Under South Carolina Rules of Civil Procedure, a complaint is subject to dismissal when it ?fails to state facts sufficient to constitute a cause of action.? Rule 12(b)(6), SCRCP.

LEGAL ANALYSIS (B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. S.C. Code Ann.

The summons and complaint shall be filed before service. Proof of service shall be filed within ten (10) days after service of the summons and complaint. Upon failure to serve the summons and complaint, the action may be dismissed by the court on the court's own initiative or upon application of any party.

If a pleading sets forth a cause of action or defense to which an adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that cause of action or defense.

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

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South Carolina Sample Summons