Filing and Service of the Complaint Worksheet

1. In S.C. state court, what commences a civil action aka lawsuit? Cite the rules.
Pursuant to Rule 3(a), SCRCP: "A civil action is commenced by filing and service of a summons and
complaint." A Common Pleas case can also be initiated by a petition, application, or appeal to the
Circuit Court. RULE 3 COMMENCEMENT OF ACTION:
(a) Commencement of civil action.  A civil action is commenced when the summons and complaint are
filed with the clerk of court if:
(1) the summons and complaint are served within the statute of limitations in any manner prescribed by
law; or
(2) if not served within the statute of limitations, actual service must be accomplished not later than one
hundred twenty days after filing.
2. In Federal Court what commences a civil action aka lawsuit? Cite the rules.
To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy
of the complaint on the defendant. {A federal civil case involves a legal dispute between two or more
parties. A civil action begins when a party to a dispute files a complaint and pays a filing fee required by
statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the
request is granted, the fee is waived.}

3. In S.C. state court, is a case dismissed if the summons and complaint are not served prior to the statute
of limitations? Explain. Cite all applicable rules.
No, SCRCP 3(a) (2) if not served within the statute of limitations, actual service must be accomplished
not later than one hundred twenty days after filing.

4. In S.C. state court, does the complaint need to be filed before it is served? Cite all applicable rules.
Yes, The summons and complaint shall be filed before service. SCRCP RULE 5(d)

5. Explain in detail whether and how a complaint may be served by mail on an individual defendant? Cite
all applicable rules.
Yes, a complaint can be served by mail. Place a copy of the summons and complaint in an envelope
addressed to the defendant or, if previously agreed to, to the defendant’s attorney. Include a return-
addressed envelope and two copies of an acknowledgment of service form, if your state requires it. Use
first-class mail if an acknowledgment of service is used. When no acknowledgment is used, mail the
documents to the defendant by registered or certified mail, return receipt requested. Mark the green
certified mail card “Restricted Delivery Only” if you want only the named person to receive the
envelope. The date the acknowledgment is signed is the date of service. If certified mail is used, the date
of delivery marked on the return receipt is the date of service. Fill out the Return of Service on the
original summons and file it (plus any signed acknowledgment) with the clerk.
6. Who may serve the complaint in S.C. state court? Cite the rules.
The summons shall be issued by plaintiff or plaintiff's attorney. Copies of the original summons shall be
served upon each defendant. The summons shall be signed by the plaintiff or his attorney, contain the
name of the State and county, the name of the court, the file number of the action, and the names of the
parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any,
otherwise the plaintiff's address, and the time within which these rules require the defendant to appear
and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered
against him for the relief demanded in the complaint. Service of summons may be made 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. Service of all other process shall be made by the sheriff or his deputy or any other duly
constituted law enforcement officer or by any person designated by the court who is not less than
eighteen (18) years of age and not an attorney in or a party to the action, except that a subpoena may be
served as provided in Rule 45. The summons and complaint must be served together. The plaintiff shall
furnish the person making service with such copies as are necessary. Voluntary appearance by defendant
is equivalent to personal service; and written notice of appearance by a party or his attorney shall be
effective upon mailing or may be served as provided in this rule. The summons can be served by
registered or certified mail, return receipt requested and delivery restricted to the addressee. Service is
effective upon the date of delivery as shown on the return receipt.

7. Who may serve the complaint in Federal court? Cite the rules.
This Rule 4(a) differs from the Federal Rule by continuing the present State practice of the plaintiff or
his attorney issuing the summons, rather than having it issued by the Clerk of Court. The second
sentence requires only copies of the original summons to be served with the complaint on each
defendant. Rule 4(b) is substantially identical to the Federal Rule, being modified only to conform to
State practice as set out in Rule 4(a). The first sentence of Rule 4(c) continues present State practice.
The second sentence makes more definite the requirement of Code § 15-9-1030 that an official person
must serve all other process such as rules and orders, except subpoenas. Rule 4 (c) SERVICE.
(1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for
having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the
necessary copies to the person who makes service.
(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and
complaint.
(3) By a Marshal or Someone Specially Appointed. At the plaintiff's request, the court may order that
service be made by a United States marshal or deputy marshal or by a person specially appointed by the
court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C.
§1915 or as a seaman under 28 U.S.C. §1916.

8. When must proof of service be filed in S.C state court? Cite all applicable rules.
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.
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. Pursuant to Rule 5(d), SCRCP

9. Is there a time limit for serving the summons and complaint in federal court? If so, what is it? Cite all
applicable rules.
SCRCP. Rule 4(m) of the Federal Rules of Civil Procedure requires that the Summons and Complaint
are served within 90 days.