Certificate of Service

CERTIFICATE OF SERVICE

State of South Carolina — Court of Common Pleas

JURISDICTION NOTE: This Certificate of Service template is designed for use in South Carolina state court civil proceedings governed by the South Carolina Rules of Civil Procedure (SCRCP). South Carolina has extended its electronic filing system to all judicial circuits. For cases in the U.S. District Court for the District of South Carolina, consult the Federal Rules of Civil Procedure and the District of South Carolina Local Civil Rules instead.

SOUTH CAROLINA SERVICE LAW — QUICK REFERENCE

Rule 5(a), SCRCP — Documents Requiring Service

Every written order required by its terms to be served; every pleading subsequent to the original summons and complaint; every written motion (other than one which may be heard ex parte); every written notice, discovery request or response, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each of the parties of record.

Service upon a represented party is made upon the party's attorney of record.

Rule 5(b), SCRCP — Permitted Methods of Service

Service of papers (other than original process) may be made by:

1. Delivery — Delivering a copy to the attorney or the party; leaving a copy at the attorney's office with a clerk or other person in charge; or if no one is in charge, leaving it in a conspicuous place in the office; if the office is unknown or closed, leaving at the person's dwelling house or usual place of abode with a person of suitable age and discretion
2. Mail — Mailing to the last known address, service complete upon mailing
3. Facsimile — By fax where appropriate
4. Notice of Electronic Filing (NEF) — Through South Carolina's electronic filing system; the NEF constitutes proof of service under Rule 5(b), SCRCP
5. Email — By email with prior written consent, or pursuant to court order permitting email service; see 2022 Supreme Court Order

Rule 6(e), SCRCP — Mail Extension (3 Days)

When service is by mail, and a party must act within a prescribed period after service, 3 days are added to the prescribed period for the responding party.

Rule 6 and NEF Service — 5-Day Extension for Electronic Filing

Under South Carolina's Electronic Filing Policies and Guidelines (as amended May 2022), service by Notice of Electronic Filing (NEF) is treated the same as service by U.S. Mail for purposes of computing response time. Accordingly, 5 days are added to the prescribed period from the date set forth in the Official File Stamp on the NEF. (Note: Confirm the current version of the SC Electronic Filing Policies, as the applicable extension period may be subject to amendment.)

South Carolina E-Filing System

South Carolina has implemented a statewide electronic filing system for trial courts operated through the South Carolina Judicial Branch (sccourts.org). Key features:

• Attorneys authorized as Authorized E-Filers must e-file in counties where e-filing is mandatory
• The system generates a Notice of Electronic Filing (NEF) upon successful filing, which constitutes proof of service under Rule 5(b), SCRCP
• The date of service is the date stated in the NEF as the "Official File Stamp"
• E-Filers must retain a copy of the NEF as proof of service (they need not file a separate proof of service for NEF-served documents)
• Traditional Filers (non-e-filers, pro se parties) must be served by traditional means; e-filers must note this separate service in their certificate

Email Service — 2022 South Carolina Supreme Court Order

The South Carolina Supreme Court issued an order on May 6, 2022, permitting service by email in the trial courts. Key provisions:

• Email service is permitted when the serving attorney has the recipient's email address on file from the case docket or from prior filings
• Email service constitutes service under Rule 5(b), SCRCP
• A certificate of service by email must include the recipient's email address and confirm successful transmission
• Parties who are Traditional Filers (not registered in the e-filing system) may still be served by email where the 2022 Order applies

Service on Traditional Filers / Self-Represented Parties

E-filed documents must be served on parties who are not authorized e-filers (or are Traditional Filers) by a traditional service method (mail, personal delivery, fax) in accordance with Rule 5, SCRCP. This traditional service must be noted separately in the Certificate of Service.

Rule 41.2, SCRCP — Personal Identifiers

Before filing or serving documents, redact personal identifiers: Social Security numbers (use last 4 digits), financial account numbers, driver's license numbers, and birth dates of minor children, consistent with Rule 41.2, SCRCP.

Filing Deadline — Rule 5(d), SCRCP

Papers required to be served upon a party shall be filed with the court within 5 days after service.

COURT CAPTION

STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
[________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY

[________________________________],
Plaintiff(s),

vs. Case No.: [____________________]

[________________________________],
Defendant(s). Judge: [____________________]

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on [__/__/____], a true and correct copy of the following document(s):

Title of Document(s) Served:

1. [________________________________]

2. [________________________________]

3. [________________________________]

(collectively, "the Document(s)") was served upon the following parties and/or their attorneys of record in the manner indicated below, pursuant to Rule 5, SCRCP.

PARTIES AND COUNSEL SERVED

Recipient No. 1

Full Name: [________________________________]
Role/Capacity: [________________________________] (e.g., Attorney for Defendant; Self-Represented Plaintiff; Traditional Filer)
Firm Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address: [________________________________]
Facsimile Number: [________________________________]
SC Bar No. (if attorney): [____________________]
Filing Status: ☐ Authorized E-Filer ☐ Traditional Filer ☐ Unknown

Method of Service — check all that apply:

☐ Notice of Electronic Filing (NEF) — SC E-Filing System
Document electronically filed with the [________________________________] County Court of Common Pleas through the South Carolina Judicial Branch E-Filing System on [__/__/____] at [____] ☐ a.m. ☐ p.m.
Official File Stamp Date on NEF: [__/__/____]
NEF Confirmation / Reference No.: [____________________]
Recipient is an Authorized E-Filer who received the NEF: ☐ Yes ☐ Unknown — served by additional method below
(Response deadline: add 5 days from the Official File Stamp date per SC Electronic Filing Policies and Guidelines.)
Retained copy of NEF as proof of service: ☐ Yes

☐ U.S. Mail — First Class, Postage Prepaid
Deposited in the United States Mail, postage prepaid, on [__/__/____], at [________________________________], South Carolina.
(Response deadline extended by 3 days per Rule 6(e), SCRCP.)

☐ U.S. Mail — Certified Mail, Return Receipt Requested
USPS Tracking / Certified Article No.: [____________________]
Date mailed: [__/__/____]
(3-day extension per Rule 6(e), SCRCP.)

☐ Personal / Hand Delivery
Delivered in person at the address shown above on [__/__/____] at [____] ☐ a.m. ☐ p.m.
Person accepting delivery (if not recipient): [________________________________]
(No extension — deadline runs from date of delivery.)

☐ Left at Attorney's Office with Clerk or Person in Charge
Left at: [________________________________] with: [________________________________]
Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Facsimile Transmission
Transmitted by fax to: [____________________] on [__/__/____] at [____] ☐ a.m. ☐ p.m.
Number of pages (including cover): [____]
Confirmation of successful transmission: ☐ Yes ☐ Attached

☐ Electronic Mail (Email) — per 2022 SC Supreme Court Order
Transmitted to: [________________________________]
Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Email address source: ☐ SC E-Filing System docket ☐ Prior filing in this case ☐ Written consent
Bounce-back / undeliverable notice received: ☐ No ☐ Yes (describe): [________________________________]

☐ Overnight Courier / Commercial Carrier
Carrier: [________________________________] | Tracking No.: [____________________] | Date: [__/__/____]

☐ Other Method (describe): [________________________________]

Recipient No. 2

Full Name: [________________________________]
Role/Capacity: [________________________________]
Firm Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address: [________________________________]
Facsimile Number: [________________________________]
SC Bar No. (if attorney): [____________________]
Filing Status: ☐ Authorized E-Filer ☐ Traditional Filer ☐ Unknown

Method of Service — check all that apply:

☐ Notice of Electronic Filing (NEF) — SC E-Filing System
Official File Stamp Date: [__/__/____] | NEF Confirmation No.: [____________________]
Recipient received NEF: ☐ Yes ☐ Unknown — served by additional method
(5-day response extension from Official File Stamp date.)

☐ U.S. Mail — First Class, Postage Prepaid
Date mailed: [__/__/____] | Location: [________________________________], SC
(3-day extension per Rule 6(e), SCRCP.)

☐ U.S. Mail — Certified Mail | Tracking No.: [____________________] | Date: [__/__/____]

☐ Personal / Hand Delivery | Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Left at Office with: [________________________________] | Date/Time: [__/__/____]

☐ Facsimile to [____________________] | Date: [__/__/____] | Pages: [____] | Confirmed: ☐ Yes ☐ Attached

☐ Email per 2022 SC Supreme Court Order
Sent to: [________________________________] | Date/Time: [__/__/____]
Email source: ☐ SC E-Filing docket ☐ Prior filing ☐ Written consent

☐ Overnight Courier | Carrier: [________________] | Tracking: [____________________] | Date: [__/__/____]

☐ Other: [________________________________]

Recipient No. 3 (duplicate as needed for additional parties)

Full Name: [________________________________]
Role/Capacity: [________________________________]
Firm Name: [________________________________]
Address: [________________________________], [________________________________], SC [____________________]
Email: [________________________________] | Fax: [____________________] | SC Bar No.: [____________________]
Filing Status: ☐ Authorized E-Filer ☐ Traditional Filer ☐ Unknown

Method of Service:

☐ NEF | File Stamp: [__/__/____] | Conf. No.: [____________________] | (+5 days from file stamp)

☐ U.S. Mail | Date: [__/__/____] | Location: [________________________________], SC (+3 days per Rule 6(e))

☐ Certified Mail | Tracking: [____________________] | Date: [__/__/____]

☐ Personal Delivery | Date/Time: [__/__/____]

☐ Left at Office with: [________________________________]

☐ Fax to [____________________] | Date: [__/__/____] | Pages: [____] | Confirmed: ☐ Yes

☐ Email | Sent to: [________________________________] | Date: [__/__/____] | Source: ☐ Docket ☐ Prior Filing ☐ Consent

☐ Other: [________________________________]

CERTIFICATION AND SIGNATURE

I, the undersigned, hereby certify that the foregoing Certificate of Service is true and correct, and that service was completed as described above on [__/__/____].

Signature: ___________________________________________
Printed Name: [________________________________]
South Carolina Bar No.: [____________________]
Firm / Organization: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[________]
Email: [________________________________]
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party ☐ Intervenor ☐ Self-Represented
Party Represented: [________________________________]

SUPPLEMENTAL PROOF OF SERVICE BY MAIL

(Complete when service is by U.S. Mail — Traditional Filers or parties not in SC E-Filing system)

DECLARATION OF MAILING

I, [________________________________], declare as follows:

1. I am over 18 years of age. I am ☐ the attorney of record ☐ an employee of the law firm ☐ a person not a party to this action.
2. My address is: [________________________________], [________________________________], South Carolina [____________________].
3. On [__/__/____], I placed in the United States Mail at [________________________________], South Carolina, a true and correct copy of the Document(s) identified above, enclosed in a sealed envelope with first-class postage fully prepaid, addressed to each person listed below:

Recipient: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Filing Status: ☐ Traditional Filer ☐ Self-Represented Party

Recipient: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Filing Status: ☐ Traditional Filer ☐ Self-Represented Party

4. Service method:
   ☐ Regular first-class mail. Per Rule 6(e), SCRCP, the responding party's deadline is extended by 3 calendar days.
   ☐ Certified mail, return receipt requested. Article number(s): [____________________]. 3-day extension applies.

I affirm that the foregoing statements are true and correct.

Date: [__/__/____]

Signature: ___________________________________________
Printed Name: [________________________________]
Address: [________________________________]

SUPPLEMENTAL PROOF OF ELECTRONIC SERVICE

(Complete when service is by SC E-Filing System NEF, email, or fax)

DECLARATION OF ELECTRONIC SERVICE

I, [________________________________], declare as follows:

1. I am over 18 years of age and an Authorized E-Filer registered with the South Carolina Judicial Branch E-Filing System.
2. On [__/__/____], I served the Document(s) identified above by the following electronic method(s):

☐ South Carolina Judicial Branch E-Filing System (NEF):
I electronically filed the Document(s) with the [________________________________] County Court of Common Pleas through the SC Judicial Branch E-Filing System at approximately [____] ☐ a.m. ☐ p.m. on [__/__/____]. The system generated a Notice of Electronic Filing (NEF) serving all Authorized E-Filers registered in this case. The Official File Stamp on the NEF is dated [__/__/____]. NEF confirmation number: [____________________]. I have retained a copy of the NEF as proof of service pursuant to SC Electronic Filing Policies and Guidelines. Any Traditional Filer or unregistered party was served by the additional traditional method stated above. The 5-day response extension from the Official File Stamp date applies per SC Electronic Filing Policies.

☐ Electronic Mail (Email) per 2022 SC Supreme Court Order:
I transmitted the Document(s) by email to each person identified above at the email address(es) listed. The email address was obtained from: ☐ the SC e-filing system docket ☐ a prior filing by the recipient in this case ☐ written consent of the recipient. I did not receive any undeliverable or bounce-back notification.

☐ Facsimile:
I transmitted the Document(s) via facsimile to each person identified above at the fax number(s) listed. The fax machine confirmed successful transmission. Confirmation sheet ☐ attached ☐ on file.

I affirm that the foregoing statements are true and correct.

Date: [__/__/____]

Signature: ___________________________________________
Printed Name: [________________________________]
SC Bar No.: [____________________]
Address: [________________________________]

SOUTH CAROLINA PRACTITIONER NOTES

Response Deadline Calculation — Rule 6(e), SCRCP and SC E-Filing Guidelines

Important distinction: The SC Electronic Filing Policies treat NEF service like mail service and add 5 days (not 3 days) to the response deadline from the NEF Official File Stamp date. Confirm the current version of the SC Electronic Filing Policies for any updates.

SC Statewide E-Filing Rollout

South Carolina has extended mandatory e-filing to all judicial circuits for civil cases. Key practices:

• Attorneys must register as Authorized E-Filers with the SC Judicial Branch
• E-file documents at the SC Judicial Branch website: https://www.sccourts.org/
• The Official File Stamp in the NEF is the operative service date for response deadline calculation
• Retain all NEFs and filing confirmations as part of your permanent case file
• Traditional Filers (including pro se parties) must still be served by traditional methods

Email Service — 2022 Orders

Two significant SC Supreme Court orders issued in May 2022 govern email service in trial courts:

1. Order 2022-05-06-04 — Permits service by email in trial courts; attorneys may serve documents by email to other attorneys' email addresses of record
2. Order 2022-05-27 — Amendments to SC Electronic Filing Policies and Guidelines (effective May 27, 2022)

Review the current versions of these orders at sccourts.org for precise requirements.

Filing Within 5 Days — Rule 5(d), SCRCP

Papers served upon a party must be filed with the clerk within 5 days after service. Ensure timely filing of served documents with the appropriate court.

Proof of Service vs. NEF Retention

For NEF-served documents, the E-Filer is not required to file a separate proof of service but must retain the NEF. For Traditional Filing or mixed service, a Certificate of Service should be filed with the document or within a reasonable time thereafter.

Redaction — Rule 41.2, SCRCP

Before serving documents electronically or filing publicly, redact personal identifiers consistent with Rule 41.2, SCRCP: use last 4 digits of Social Security numbers, last 4 digits of financial account numbers, initials only for minor children, and abbreviated birth dates (year only for adults, not minors).

Domestic Relations / Family Court

South Carolina Family Court matters are governed by the South Carolina Family Court Rules and the SC Rules of Civil Procedure as made applicable. Separate service considerations may apply in domestic matters, particularly where parties are pro se. Consult the applicable Family Court administrative orders.

Judicial Circuits

South Carolina has 16 judicial circuits. While the statewide e-filing system applies uniformly, individual circuit judges may issue case management orders or standing orders affecting service and scheduling. Check for applicable standing orders in your circuit.

SOURCES AND REFERENCES

• Rule 5, SCRCP (SC Judicial Branch): https://www.sccourts.org/resources/judicial-community/court-rules/civil/rule-5/
• Rule 6, SCRCP (SC Judicial Branch E-Filing): https://www.sccourts.org/resources/judicial-community/court-rules/e-filing/rule-6/
• SC Electronic Filing Policies and Guidelines (amended May 2022): https://www.sccourts.org/media/courtOrders/HTMLFiles/2022-05-27-01.htm
• SC Supreme Court Order on Email Service (2022-05-06-04): https://www.sccourts.org/media/courtOrders/HTMLFiles/2022-05-06-04.htm
• SC Amendments to Electronic Filing Policies (May 2022): https://www.sccourts.org/about/court-news/2022-05-27/amendments-to-the-south-carolina-electronic-filing-policies-and-guidelines/
• South Carolina Judicial Branch (sccourts.org): https://www.sccourts.org/
• South Carolina Bar: https://www.scbar.org/
• SC Code of Laws, Title 15 (Civil Remedies and Procedures): https://www.scstatehouse.gov/code/t15c009.php