Current Status Bill Number:244 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Reese All Sponsors:Reese, Elliott Drafted Document Number:GJK\21057SD.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Proof of service of process out-of-state
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941031 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTION 36-2-806, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THIS STATE, SO AS TO DELETE AN AUTHORIZATION TO MAKE SUCH SERVICE PURSUANT TO A REFERENCED RULE IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE WHICH REQUIRES REGISTERED OR CERTIFIED MAIL ADDRESSED ONLY TO THE PERSON TO BE SERVED AND INSTEAD PROVIDE THAT SUCH SERVICE MAY BE MADE BY ANY FORM OF MAIL ADDRESSED TO THE PERSON TO BE SERVED AND REQUIRING A SIGNED RECEIPT, AND TO PROVIDE THAT PROOF OF SUCH SERVICE AS ABOVE PROVIDED MAY INCLUDE NOT ONLY A SIGNED RECEIPT BUT ALSO OTHER EVIDENCE OF DELIVERY TO THE ADDRESSEE SATISFACTORY TO THE COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 36-2-806 of the 1976 Code, as last amended by Act 42 of 1993, is further amended to read:
"Section 36-2-806. (1) When the law of this State authorizes service outside this State, the service, when reasonably calculated to give actual notice, may be made:
(a) by personal delivery in the manner prescribed for service within the State;
(b) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;
(c) by registered or certified mail as provided in Rule 4(d)(8) of the South Carolina Rules of Civil Procedure addressed only to the person to be served and requiring a return receipt showing the acceptance by the defendant. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8) by any form of mail addressed to the person to be served and requiring a signed receipt; or
(d) as directed by the court.
(2) Proof of service outside this State may be made by affidavit of the individual who made the service or in the manner prescribed by law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made pursuant to item (c) of subsection (1) of this section, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court."
SECTION 2. This act takes effect upon approval by the Governor.