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The Supreme Court of South Carolina

 

RE:  Amendment to Rule 3(b), SCRCP


O R D E R


By Order dated January 31, 2003, an amendment to Rule 3(b), SCRCP, was submitted to the legislature pursuant to Art. V, § 4A, of the South Carolina Constitution.  More than ninety days having passed since the amendment was submitted to the General Assembly without rejection, the amendment would normally become effective. 

However, the amendment did not reflect the legislative intent in amending S.C. Code Ann. § 15-3-20 and the attached Rule 3(b), SCRCP, as amended, is adopted immediately on an emergency basis until it can be submitted to the legislature in 2004.

IT IS SO ORDERED.

s/Jean H. Toal                                       C.J.

s/James E. Moore                                    J.

s/John H. Waller, Jr.                                  J.

s/E. C. Burnett, III                                       J.

s/Costa M. Pleicones                               J.

Columbia, South Carolina

May 5, 2003


Rule 3, SCRCP

(a) Commencement. A civil action is commenced by filing a summons and complaint with the clerk of court.

(b) Tolling of Statute of Limitations.

For the purpose of tolling any statute of limitations, an attempt to commence an action is equivalent to the commencement thereof when the summons and complaint are filed with the clerk of court and, 

(1) delivered for service to the sheriff of the county in which defendant usually or last resided, or if a corporation be defendant, to the sheriff of the county in which any person designated by statute to accept service usually or last resided; provided that actual service must be accomplished within a reasonable time thereafter, or

(2) actually served within 120 days after filing with the clerk of court.