How South Carolina Magistrate Court Delivers Your Answer
Under SCMCR Rule 7(a), the court delivers a copy of your Answer to the plaintiff under Rule 8. Rule 7 also allows you to answer by filing a written statement or by appearing in person and answering orally; the court will reduce an oral answer to writing.
The rules do not require you to separately serve your Answer or file a Certificate of Service.
Filing and Delivery Are Different Steps
Filing means delivering your written Answer to the Magistrate Court clerk. Rule 7 also lets you answer orally by appearing in person within the deadline; court staff will reduce an oral answer to writing.
Delivery means the court sends or hands a copy of your Answer to the plaintiff (or the plaintiff's attorney, if represented) as Rule 8 provides.
Rule 7(a) directs the court to deliver the Answer copy to the plaintiff under Rule 8.
How Answer Delivery Works
Under SCMCR Rule 8, delivery may be made by:
Mail. The court may mail a copy of the Answer to the plaintiff's last known address. Rule 8 says delivery by mail is complete upon mailing.
Hand delivery. The copy may be handed to the plaintiff or the plaintiff's attorney.
If the plaintiff has an attorney, delivery goes to the attorney.
Do You Need a Certificate of Service?
SCMCR Rules 7 and 8 do not require the defendant to file a separate Certificate of Service for the Answer. The court delivers the Answer copy under Rule 7(a). Contact the clerk if you need to confirm any local copy or filing procedure.
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Timing
File your written Answer or make your oral Answer within the applicable response period. Under Rule 7(b), the usual period is 30 days from the first day after service; if service used another method under Rule 6, use the period stated in the Summons. If the plaintiff has moved, give the clerk the most current address you have so the court can deliver the copy under Rule 8.
What If the Plaintiff Has Moved?
Rule 8 provides for delivery to the party's last known address. If you know the plaintiff has moved, give the clerk the current address for delivery.
If You Are Unsure About Delivery
If you are unsure whether the court has delivered the Answer copy, ask the clerk to confirm the delivery procedure for your case.
The Responding to a Small Claims Case in South Carolina guide includes a Filing and Delivery Checklist that tracks the Answer filing and the court's delivery of a copy to the plaintiff.
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