Request for Written Comments
The South Carolina Bar has proposed amending Rule 14(e) of the South Carolina Rules of Family Court (SCRFC) to allow for acceptance of service of a rule to show cause.
After a review of the Bar's submission, the Court is considering modifying the Bar's proposed amendment and including a Note to the amendment for submission to the General Assembly in accordance with Article V, Section 4A of the South Carolina Constitution. The proposed changes are set forth in the attachment.
Persons or entities desiring to submit written comments should submit their comments to the following email address, firstname.lastname@example.org, on or before November 1, 2021. Comments should be submitted as an attachment to the email as either a Microsoft Word document or an Adobe PDF document.
Columbia, South Carolina
October 13, 2021
(e) Service; Proof of Service.
(1) Personal Service. The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action. If served by the sheriff or his deputy, he shall make proof of service by his certificate. If served by any other person, he shall make affidavit thereof.
(2) Acceptance of Service. No other proof of service shall be required when acceptance of service is acknowledged in writing and signed by the person served or his attorney, and delivered to the person making service. The acknowledgement shall state the place and date service is accepted.
Note to 2022 Amendment:
This amendment specifies the manner of proof of personal service, which is consistent with the requirements of Rule 4(g), SCRCP. The amendment also permits a person to accept service of a rule to show cause in a manner consistent with Rule 4(j), SCRCP, in which case no other proof of service is required.