Navigating the rules surrounding service of process can be tricky, especially as both North and South Carolina have introduced recent changes that could impact legal proceedings. If you need to serve legal documents, understanding these updates is essential to avoid costly mistakes. In this blog, we’ll explore the latest changes in case law and procedures in North and South Carolina, and what they mean for anyone involved in legal matters.
North Carolina
Embracing Digital Service Systems With eCourts
North Carolina has modernized its legal system with the launch of eCourts, a new electronic filing platform introduced in 2023. Initially rolled out in only four NC counties (Wake, Harnett, Lee, and Johnston), eCourts has now been expanded to many other counties, including most of northeastern NC, portions of north central NC, most of western NC, and Mecklenburg County. eCourts allows legal professionals to file and serve documents online through a few clicks, expediting the service process.
This shift simplifies the service of process under Rule 4 of the North Carolina Rules of Civil Procedure by enabling quicker access to court-stamped documents and reducing the need for in-person filings. This change saves time for attorneys and clients alike, making legal proceedings more efficient. However, it requires legal professionals to be updated with technology, as improper filings could risk delays or, even worse, dismissals or adverse judgments.
Additionally, 2023 House Bill 193 also requires that individuals be notified of where to find certain documents online when they are served via the eCourts system.
Streamlining Service of Process – 2023 Senate Bill 91
This NC Senate Bill revises Rule 4 to allow service of process to be accepted via a form specifically created for that purpose by the Administrative Office of the Courts or by notating acceptance along with a signature by the person receiving the process and the date on an original or copy of the summons. Service in this manner is considered just as valid and enforceable as personal service.
Ensuring Proper Service – Yves v. Tolentino (2023)
Yves v. Tolentino is a perfect example of why plaintiffs should never wait until the last minute to attempt service on a defendant, along with the importance of conducting due diligence to locate said defendant. In this case, the plaintiff sent process to an address via UPS where the defendant no longer resided. The defendant contested the validity of the service, and via several hearings on up to the NC Court of Appeals, the defendant was able to prove that the service was not valid. By the time a final ruling was made on this matter, the statute of limitations for the originating incident had expired, meaning the plaintiff had no time left to restart their case, leaving them with no recourse for their injuries and damages.
South Carolina
Service via E-mail
South Carolina clarified the permissibility of serving process via e-mail in a 2022 SC Supreme Court Appellate case, confirming that e-mail may be used to serve pleadings and other papers in the circuit, family, probate, and summary courts of South Carolina on both lawyers and self-represented litigants.
Accurate Serve is Here to Help You Navigate Recent Changes
Understanding and executing proper service of process is not always as straightforward as it seems. Laws in the Carolinas are constantly evolving, requiring diligent attention to stay in compliance. This is where Accurate Serve shines bright. Whether you need assistance with document delivery, document retrieval, skip tracing, or diligent searches, we’ve got you covered. Our team stays on top of the latest legal developments to ensure that every service meets the strict requirements in North and South Carolina. Send us a work request online or call us at 704-858-2952 to start working with the best process service agency in the Carolinas today!
