#DOES A WILL HAVE TO BE NOTARIZED AND FILED IN SC D CODE#This rule 4(d)(3) conforms to both the Federal Rule and preserves and supplements Code §§ 15-9-210 through 15-9-330. Service on confined or imprisoned persons shall also conform to the provisions of § 15-9-510, S.C. The superintendent or the director or their designated assistants shall not be entitled to any costs therefore. In cases of persons imprisoned, and patients in a state hospital or similar institution, personal service of process may be made by the superintendent of the institution or by the director of the prison system or by assistants duly designated by the superintendent or the director in writing for the purpose of making service of process, instead of the sheriff. Service on imprisoned persons or persons confined in a state hospital or similar institution, in or out of this State, shall be made by delivering a copy of the summons and complaint to the confined person personally and service shall be made by the sheriff of the county in which the person is imprisoned or confined. If the individual upon whom service is made is a minor between the ages of 14 and 18, who lives with a parent or guardian, a copy of the summons and complaint shall likewise be served upon said parent or guardian, if said parent or guardian resides within the State. Upon a minor under the age of 14 years, a person judicially declared incapable of conducting his own affairs, or an incompetent person by delivering a copy of the summons and complaint to such minor, or incompetent personally and also a copy to (a) the guardian or committee of such person, or if there be none such within the State upon (b) a parent or other person having the care and control of such person, or (c) any competent person with whom he resides or (d) in whose service he is employed. (d)(2) Minors, Incompetents and Persons Confined. Rule 4(d)(1) preserves the requirements of Code § 15-9-520. Rules 4(d)(1) through 4(d)(8) conform to the present State practice and the Federal practice, which refers matters of service of process generally to local State practice. Upon an individual other than a minor under the age of 14 years or an incompetent person, by delivering a copy of the summons and complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy to an agent authorized by appointment or by law to receive service of process. The age requirement is changed to conform to similar language in Rule 45(c). Orders which are not necessary to establish jurisdiction of person or property, including temporary restraining orders, are not required to be served by the sheriff unless ordered by the court. These amendments conform to prior practice which permitted other law enforcement officials, and those appointed by the court to serve process. Rule 4(c), as originally adopted, could be construed to broaden the definition of "process" and unduly restrict those who could serve process and other orders. 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 plaintiff shall furnish the person making service with such copies as are necessary. The summons and complaint must be served together. 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. 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. 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. Copies of the original summons shall be served upon each defendant. The summons shall be issued by plaintiff or plaintiff's attorney.
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