A South Carolina Affidavit of Service by Mailing (Notice of Hearing) is a legal document used by an individual to prove that they served a court document to another party via mail. This type of affidavit is typically used when court documents such as a summons, notice of hearing, writ of execution, or other types of court papers need to be served to another person. There are two types of South Carolina Affidavit of Service by Mailing (Notice of Hearing): 1) a Blank Affidavit of Service by Mailing (Notice of Hearing) and 2) a Filled-in Affidavit of Service by Mailing (Notice of Hearing). The Blank Affidavit of Service by Mailing (Notice of Hearing) is used when the individual is preparing to serve a Notice of Hearing to another party. The Filled-in Affidavit of Service by Mailing (Notice of Hearing) is used after the individual has served the Notice of Hearing and needs to provide proof of service to the court. Both types of South Carolina Affidavit of Service by Mailing (Notice of Hearing) must be signed by the individual who served the document and notarized in order to be valid.
South Carolina Affidavit of Service by Mailing (Notice of Hearing)
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(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a cause of action or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
(d)(8) Service by Certified Mail. Service is effective upon the date of delivery as shown on the return receipt. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing the acceptance by the defendant.
(d) Filing. 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. Upon failure of a party to file other pleadings, motions, or papers, the court may permit filing or proceed as though the same had not been served.
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.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
(b) Change of Attorney. An attorney may be changed by consent, or upon cause shown, and upon such terms as shall be just, upon application, by order of the Court, and not otherwise. Written notice of change of attorney must be served as provided by Rule 5.
After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized. File the affidavit with the Clerk of Court's office where the case is filed.