can a civilian from south carolina serve court papers on someone in tennessee?

Question

south carolina man served on someone in tn

Answer 1

Well, generally speaking any person that is over 18 yrs of age and is not a party to the suit at hand can serve papers on another, but I was not able to pull up the SC statute (or maybe I couldn't because I am about to go to sleep).

Also, the rules may be different depending if it is a state matter or a federal matter.

Answer 2

You didn't mention a very important factor: Are the court papers from a court in the State of South Carolina or from Tennessee 's court? Is the lawsuit one in South Crolina, or Tennessee? Is the person from South Carolina a party to the case, or just a hired process server? Or a friend?


Each state has its own separate requirements on process servers and who can serve legal papers (summons and complaints, injunctions, etc.). Some states have sheriffs and marshalls or bailiffs serve court papers. Others allow any adult male to serve (civilian process servers and service companies).

Some states like mine (California) and Tennessee do not allow one party to personally serve papers on the other parties in the case (to prevent violence between the parties .)

I checked up for you the law in Tennessee, and this is what their statutes say:

Tennessee Rules of Civil Procedure

Does a process server have to be licensed in Tennessee?
No..

Tennessee Process Serving Requirements
A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.

No service on Sundays unless permitted by court order.

This means that there is no requirement that the person serving th papers be a citizen of Tennessee, so presumably a person from South Carolina could serve papers in Tennessee, as long as they were not directly involved with the case as plaintiff or defendant.

Here is the exact section of their law:

(Of course this supposes the complaint and summons comes from a court in Tennessee. If the summons and complaint comes from South Carolina, you have to follow the law of that state for what is called "foreign service"(outside the state.)

"§ 4.01. Summons; Issuance; By Whom Served

Upon the filing of the complaint the clerk of the court wherein the complaint is filed shall forthwith issue the required summons and cause it, with necessary copies of the complaint and summons, to be delivered for service to any person authorized to serve process. This person shall serve the summons, and the return indorsed thereon shall be proof of the time and manner of service. A summons may be issued for service in any county against any defendant, and separate or additional summonses may be issued against any defendant upon request of plaintiff. Nothing in this rule shall affect existing laws with respect to venue.


A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return. "

Answer 3

Not unless that civilian is approved by the court to serve summons for that court. Ordinarily service of summons must be done by a certified individual or a sheriff. You can also mail the service of summons to someone as is stipulated in the Rules of Civil Procedure for your state (which will tell you which mail carriers you can use, etc.).

Answer 4

Yes as long as they are over the age of 18.