Amendment to Rule 3(b), SCRCP

(1)  Rule 3(b), SCRCP, is amended by deleting the phrase “a reasonable time thereafter” in the final clause of the rule and replacing it with “120 days”.

(2)  The following Note is added after the Note to 1994 Amendment

Note to 2003 Amendment

The 2003 amendment to Rule 3(b) makes the language of the Rule consistent with the 2002 amendment to S.C. Code Ann. § 15-3-20.  This amendment makes clear that “a reasonable time” is 120 days for service.  Neither the statute nor the rule as amended would deprive a judge of the discretion to extend the time for service where a defendant has avoided service or where other exceptional circumstances exist.