You can read the rule changes below.
Rule 4(d), SCRCP, is amended to add paragraph (d)(9) as
follows:
(d)(9) Service by Commercial Delivery Service. Service of a summons and complaint upon a defendant of
any class referred to in paragraph (1) or (3) of this
subdivision of this rule may be made by the plaintiff or by
any person authorized to serve process pursuant to Rule 4(c)
by a commercial delivery service which meets the requirements
to be considered a designated delivery service in accordance
with 26 U.S.C. § 7502(f)(2). Service is effective
upon the date of delivery as shown in the delivery record of
the commercial delivery service. Service pursuant to
this paragraph shall not be the basis for the entry of a
default or a judgment by default unless the record contains a
delivery record showing the acceptance by the defendant which
includes an original signature or electronic image of the
signature of the person served. Any such default or
judgment by default shall be set aside pursuant to Rule 55(c)
or Rule 60(b) if the defendant demonstrates to the court that
the delivery receipt was signed by an unauthorized
person. If delivery of the process is refused or is
returned undelivered, service shall be made as otherwise
provided by these rules.
The following Note is added to Rule 4(d), SCRCP:
Note to 2013 Amendment:
Rule 4(d)(9) authorizes service of process to be made by a
qualifying commercial delivery service and is similar to
service by registered or certified mail.
Rule 4(g), SCRCP, is amended to provide as follows:
(g) Proof and Return. The person serving the process shall make proof of
service thereof promptly and deliver it to the officer or
person who issued same. 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. If served by publication, the
printer or publisher shall make an affidavit thereof, and an
affidavit of mailing shall be made by the party or his
attorney if mailing of process is permitted or required by
law. Failure to make proof of service does not affect
the validity of the service. The proof of service shall
state the date, time and place of such service and, if known,
the name and address of the person actually served at the
address of such person, and if not known, then the date, time
and place of service and a description of the person actually
served. If service was by mail, the person serving
process shall show in his proof of service the date and place
of mailing, and attach a copy of the return receipt or
returned envelope when received by him showing whether the
mailing was accepted, refused, or otherwise returned. If
the mailing was refused, the return shall also make proof of
any further service on the defendant pursuant to paragraph (8)
of subdivision (d) of this rule. The return along with the
receipt or envelope and any other proof shall be promptly
filed by the clerk with the pleadings and become a part of the
record. If service was by commercial delivery service,
the person initiating the service of process shall make an
affidavit identifying the process or other documents served
and shall attach to the affidavit a delivery record of the
commercial delivery service which shall contain the date,
time, and place of delivery, the name of the person served,
and include an original signature or electronic image of the
signature of the person served. The affidavit and
delivery record and any other proof shall be promptly filed by
the clerk with the pleadings and become a part of the
record.
The following Note is added to Rule 4(g), SCRCP:
Note to 2013 Amendment:
This amendment to Rule 4(g) details the proof required when a
party serves process utilizing a commercial delivery
service.
