AFFIDAVIT OF SERVICE
(Proof of Service Pursuant to S.C. R. Civ. P. 4)
STATE OF SOUTH CAROLINA
COUNTY OF [COUNTY]
IN THE [COURT NAME] COURT
Case No. [__]
[PLAINTIFF]
Plaintiff,
v.
[DEFENDANT]
Defendant.
TABLE OF CONTENTS
- Document Header
- Definitions
- Affiant Representations & Warranties
- Operative Provisions – Statement of Service
- Timing Compliance
- Substitute Service Details (If Applicable)
- Exhibits & Return Documentation
- General Provisions
- Execution / Notary Block
1. DOCUMENT HEADER
This Affidavit of Service (the “Affidavit”) is executed as of [DATE] (the “Effective Date”) within the territorial jurisdiction of the State of South Carolina and is intended to comply in all respects with South Carolina Rules of Civil Procedure (“SCRCP”), including but not limited to S.C. R. Civ. P. 4(d) & 4(g).
2. DEFINITIONS
For purposes of this Affidavit, capitalized terms have the meanings set forth below:
“Action” means the above-captioned civil matter pending before the [COURT NAME] Court, Case No. [__].
“Affiant” means the individual executing this Affidavit, identified in Section 3.1.
“Defendant” means the party(ies) against whom the Service Documents are directed, identified in the case caption above.
“Service Documents” means the documents served in the Action, specifically:
a. Summons;
b. Complaint; and
c. [ANY ADDITIONAL DOCUMENTS, e.g., Motion, Notice, Exhibits].
“Service Method” means the manner in which the Service Documents were delivered, as authorized by S.C. R. Civ. P. 4(d).
“Service Recipient” means the person or entity upon whom the Service Documents were served.
3. AFFIANT REPRESENTATIONS & WARRANTIES
3.1 Identity of Affiant. I, [FULL LEGAL NAME], being duly sworn, depose and state as follows:
a. Age: [AGE] years.
b. Residential/Business Address: [ADDRESS].
c. Telephone: [PHONE NUMBER].
d. Email (optional): [EMAIL].
3.2 Capacity & Disinterested Status.
a. I am at least 18 years of age and competent to testify.
b. I am not a party to the Action, nor an employee, officer, or director of any party.
c. I am duly authorized under South Carolina law to serve process in this Action.
3.3 Accuracy. I make this Affidavit under penalty of perjury and swear that the facts stated herein are true and correct to the best of my knowledge, information, and belief.
[// GUIDANCE: If the Affiant is a sheriff’s deputy, private process server, or other authorized individual, insert the appropriate credentials or commission number here.]
4. OPERATIVE PROVISIONS – STATEMENT OF SERVICE
4.1 Service Date & Time. On [DATE OF SERVICE] at approximately [TIME, incl. a.m./p.m.], I served the Service Documents listed in Section 2 upon the Service Recipient identified below.
4.2 Service Recipient Information.
Name: [FULL LEGAL NAME]
Capacity (check one):
☐ Individual Defendant ☐ Registered Agent
☐ Officer/Managing Agent ☐ Other: [DESCRIBE]
Physical Address Where Service Occurred: [STREET, CITY, STATE, ZIP].
4.3 Service Method Utilized (check and complete as applicable):
a. ☐ Personal Service – I personally delivered true and correct copies of the Service Documents to the Service Recipient.
b. ☐ Certified Mail, Return Receipt Requested – I mailed true and correct copies of the Service Documents in accordance with S.C. R. Civ. P. 4(d)(8); the signed green card is attached hereto as Exhibit A.
c. ☐ Substituted Service – See Section 6 for details.
d. ☐ Acceptance of Service – A written admission of service, signed by [NAME], is attached hereto as Exhibit B.
e. ☐ Other authorized method: [DESCRIBE & cite applicable Rule 4(d) subsection].
4.4 Confirmation of Document Integrity. The Service Documents delivered were true, correct, and complete copies of the pleadings on file with the Court as of the Service Date.
5. TIMING COMPLIANCE
5.1 I effected service within the period permitted by the South Carolina Rules of Civil Procedure and any scheduling orders issued in this Action.
5.2 Prompt Return. In further compliance with S.C. R. Civ. P. 4(g), I deliver this Affidavit forthwith to [NAME OR TITLE OF PARTY/COUNSEL WHO ISSUED PROCESS] for filing with the Court.
[// GUIDANCE: If service occurred shortly before a statute-of-limitations deadline or other critical date, add a clarifying statement here.]
6. SUBSTITUTE SERVICE DETAILS (IF APPLICABLE)
6.1 Reason Personal Service Was Impracticable. [BRIEFLY DESCRIBE attempts at personal service, dates, and times.]
6.2 Substituted Recipient.
a. Name & Relationship to Defendant: [NAME & RELATIONSHIP].
b. Address: [FULL ADDRESS].
c. Age Verification: ☐ Confirmed recipient was of suitable age and discretion residing at Defendant’s usual place of abode (Rule 4(d)(1)).
d. Delivery Details: [DESCRIBE delivery, e.g., handed documents to recipient, explained general nature, etc.].
6.3 Compliance Statement. I believe in good faith that the above method satisfies S.C. R. Civ. P. 4(d) and constitutes valid service upon the Defendant.
7. EXHIBITS & RETURN DOCUMENTATION
Exhibit A Certified Mail Return Receipt (if applicable)
Exhibit B Signed Acceptance of Service (if applicable)
Exhibit C Log of Prior Service Attempts (if applicable)
Exhibit D [OTHER SUPPORTING DOCUMENTS]
[// GUIDANCE: Attach ONLY redacted copies that omit sensitive personal information unless court rules require otherwise.]
8. GENERAL PROVISIONS
8.1 Amendment. Should any portion of this Affidavit require correction, I will promptly execute a supplemental affidavit.
8.2 Governing Law. This Affidavit shall be governed by and construed in accordance with the laws and procedural rules of the State of South Carolina.
9. EXECUTION / NOTARY BLOCK
I, [AFFIANT NAME], solemnly swear or affirm under penalty of perjury that the foregoing statements are true and correct.
[AFFIANT NAME], Affiant
Date: ___
STATE OF SOUTH CAROLINA )
) ss:
COUNTY OF [COUNTY] )
Subscribed and sworn before me this _ day of __, 20____.
Notary Public for South Carolina
My Commission Expires: _______
[SEAL]
[// GUIDANCE:
1. Customize bracketed fields before filing.
2. Verify current cost/service rules or local administrative orders that may supplement statewide rules.
3. File the executed Affidavit and all referenced exhibits with the clerk of court promptly to perfect proof of service.
4. Retain an original wet-ink copy in your file in accordance with your firm’s document retention policy.
]