Group II: Commencement of Action: Service of Process, Pleadings, Motions and Orders · Last amended April 30, 2024 · Last verified July 13, 2026
In one sentenceRule 3 defines when a South Carolina lawsuit legally begins - filing the summons and complaint with the clerk, backed by timely service - and separately lays out how a plaintiff who can't afford filing fees may proceed in forma pauperis.
(1)Except as provided in (2) below, a plaintiff who desires to file an action in forma pauperis shall file in the court a motion for leave to proceed in forma pauperis, together with the complaint proposed to be filed and an affidavit showing the plaintiff's inability to pay the fee required to file the action. If the motion is granted, the plaintiff may proceed without further application and file the complaint in the court without payment of filing fees.
In determining whether the plaintiff is unable to pay the fee required to file the action, all factors concerning the plaintiff's financial condition should be considered including income, debts, assets, and family situation. A presumption that the plaintiff is unable to pay the fee required to file the action shall be created if the plaintiff's net household income is less than or equal to the Poverty Guidelines established and revised annually by the United States Department of Health and Human Services and published in the Federal Register. Net income shall mean gross income minus deductions allowed by law.
(2)Where a party is represented in a civil action by an attorney working on behalf of or under the auspices of a legal aid society or a legal services or other nonprofit organization funded in whole or substantial part by funds appropriated by the United States Government or the General Assembly of the State of South Carolina, which has as its primary purpose the furnishing of legal services to indigent persons, or the South Carolina Bar Pro Bono Program, fees related to the filing of the action shall be waived without the necessity of a motion and court approval. Before the filing fees will be waived, the attorney representing the party must file with the clerk a written certification that representation is being provided on behalf of or under the auspices of the society, organization or program, and that the party is unable to pay the filing fees.
subsection (b). These changes are intended to reflect the legislative intent expressed in § 15-3-20 as amended by 2002 S.C. Act No. 281, § 1.
Notes
Note to 2004 Amendment: This amendment rewrote subsection (a), deleted subsection (b), and renumbered subsection (c) as
Note to 2011 Amendment: This amendment added the language of (b)(2) which allows for the waiver of the filing fees for an action when a party is represented by an attorney working on behalf of or under the auspices of a legal aid society, a legal services or other nonprofit organization, or the South Carolina Pro Bono Program.
Note to 2024 Amendment: This amendment added language to subsection (b) to provide guidance and create uniformity regarding who may proceed in forma pauperis. The language tracks that used for determining indigency in Rule 602, SCACR, and Rule 608, SCACR.
Amendment History
Last amended by Order dated April 30, 2024.
Plain-English Summary
Filing starts the clock, but filing alone doesn't lock in that start date forever. Under Rule 3(a), a civil action counts as commenced on the day the summons and complaint reach the clerk's office, provided the plaintiff follows through: either serve the defendant within the statute of limitations, in any manner the law allows, or, if that doesn't happen, complete actual service within one hundred twenty days of filing. Miss both, and the filing date stops doing the work a plaintiff needs it to do against a limitations defense.
Rule 3(b) handles a different problem: plaintiffs who can't afford the fee to open a case. A motion for leave to proceed in forma pauperis, filed with the proposed complaint and a financial affidavit, lets a court look past a party's ability to pay a filing fee. Judges weigh the whole financial picture — income, debts, assets, family circumstances — and a household at or below the federal poverty guidelines gets the benefit of a presumption that it can't afford the fee. Legal aid, legal services, and pro bono attorneys get an even shorter path: a written certification of the representation and the client's inability to pay waives the fee without any motion or judicial sign-off at all.
Frequently Asked Questions
When does a South Carolina lawsuit officially start?
On the date the summons and complaint are filed with the clerk of court, as long as the plaintiff also completes service within the deadlines Rule 3(a) sets out.
What happens if I file a complaint but don't serve the defendant in time?
The filing date no longer protects the claim from a statute-of-limitations defense. Rule 3(a) requires service within the limitations period, or actual service within one hundred twenty days of filing if the limitations period has already run out.
Do I have to pay a fee to file a civil case in South Carolina?
Generally yes, but Rule 3(b) allows a plaintiff who can't afford it to move for leave to proceed in forma pauperis, supported by a financial affidavit.
How does a judge decide whether someone qualifies to skip filing fees?
By looking at the full financial picture: income, debts, assets, and family circumstances. A household at or below the federal poverty guidelines is presumed unable to pay.
Do legal aid or pro bono clients need a judge's approval to skip the filing fee?
No. When a legal aid, legal services, or pro bono attorney certifies the representation and the client's inability to pay, the fee is waived without a motion or court order.
Is "net income" the same as gross income for the poverty-guidelines comparison?
No. Rule 3(b) measures net household income — gross income minus the deductions the law allows — against the poverty guidelines.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
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