What are South Carolina Court Records?

Judgments and Orders

These documents contain the verdicts of the jury or court. The court signs them following the trial. They describe each party's obligations and repercussions.

Evidence

This is concrete proof discovered during police investigations, as well as witness testimony from both sides of the case throughout the trial.

Briefs

These are written arguments provided by lawyers to the court. They are meant to help the court settle the legal issues in the case.

Transcripts

These are written accounts of court proceedings that record all that is said during the trial. They are especially helpful when submitting supporting documentation for a motion or an appeal request.

Affidavits

These are sworn statements of fact that can be used in a number of court cases, including family and civil litigation cases like divorces and bankruptcy disputes. When live sworn testimony is not possible, it is one of the most often used legal documents as evidence.

Pleadings

These are official written statements in which each party to the case lays out their charges. They include motions, plea agreements, and complaints.

Civil Cases

In civil trials, the courts settle disputes between people and organizations. Civil cases do not carry jail time or other severe rights violations. Instead, they are resolved by paying fines, addressing the underlying issue, or putting an end to a specific behavior. Their objective is to settle disputes and provide the plaintiff a sense of fairness.

Civil litigation frequently starts when one person or group (the plaintiff) alleges that another person or group (the defendant) has damaged them. To make up for their losses or injuries, the plaintiff may pursue damages or monetary recompense. Additionally, they may request an injunction, which prevents the offender from continuing to commit an offensive act.

Civil cases can be decided by either a jury or a judge after a trial. However, some parties choose an out-of-court settlement, which typically entails a financial arrangement. Unlike in criminal trials, there is no legal right to counsel in a civil lawsuit. Civil parties must either employ legal counsel or represent themselves in court.

The standard of proof that civil attorneys must fulfill is called the "preponderance of the evidence." This suggests that there must be a greater likelihood that the evidence is true than that which opposes it. Judgements are mostly based on the strength of the evidence presented, not the quantity of it.

Criminal Cases

A criminal case typically starts when a government prosecutor makes a criminal accusation against a person. The purpose of a criminal case is to either rehabilitate or keep criminals out of society.

In criminal proceedings, defendants are entitled to a jury of their peers. The judge interviews each juror to eliminate any potential bias, and each jury is hand-picked from a randomly chosen pool of district residents. Defendants also have the option of a bench trial, which is a trial without a jury. Unlike in civil cases, defendants in criminal cases are entitled to legal representation (known as a public defender in the US).

In criminal trials, jurors must vote unanimously to meet the "beyond a reasonable doubt" standard. This is because a criminal proceeding could result in harsher sanctions if an individual is found to be guilty of the crime. In a criminal case, the punishment could be community service, jail time, a fine, or a combination of all three.

South Carolina Supreme Court

The South Carolina Supreme Court has both original and appellate authority. The Supreme Court has the exclusive authority to consider circuit court appeals in its appellate role. It also examines circuit and family court rulings concerning post-conviction relief actions.

The Supreme Court is in charge of establishing the regulations that apply to all of this state's courts. The Court also establishes regulations for the conduct of judges, attorneys, and court employees, as well as for the admission of individuals to the profession of law. It has the authority to admit individuals to practice law in South Carolina. It is also in charge of punishing judges and attorneys who act unethically. Last but not least, the court may suspend a judge or attorney who is unable to practice law because of a physical or mental illness.

The Supreme Court's members are chosen for a ten-year term by a combined public vote of the General Assembly. Judges are vetted by the Judicial Merit Selection Commission, determined to be qualified, and then nominated.

South Carolina Court of Appeals

The South Carolina Court of Appeals is the state's intermediate appellate court. Nearly all direct appeals from the circuit courts, family courts, administrative law court, workers' compensation commission, and other state courts and tribunals, as specified by statute, are heard by this court.

A joint public vote of the General Assembly elects the members of the Court of Appeals to six-year terms. Candidates for the Court of Appeals must first be vetted by the Judicial Merit Selection Commission, deemed qualified, and then nominated before the General Assembly can consider them for election.

South Carolina Circuit Court

The South Carolina Circuit Court is the general jurisdiction court for the State. It has a criminal court called the Court of General Sessions and a civil court called the Court of Common Pleas. The Circuit Court has limited appellate authority over appeals from the Probate Court, Magistrate Court, and Municipal Court, in addition to its general trial jurisdiction.

There are sixteen judicial circuits in the state, and at least one resident circuit judge in each circuit is chosen for a six-year term. The Chief Justice chooses the court terms and assignments for the 49 circuit judges who alternately serve the 16 circuits based on suggestions from the Court Administration. Each of the sixteen judicial circuits that make up the state must elect at least one resident judge as well as several at-large judges.

South Carolina Master-in-Equity Court

A Master-In-Equity is available to South Carolina counties with a population of at least 133,000. The Master-In-Equity Court is a branch of the Circuit Court. The Governor appoints Masters-in-Equity for a six-year term with the General Assembly's advice and approval.

The Judicial Merit Selection Commission, which reports and recommends Master-in-Equity candidates to the relevant county legislative delegations, requires applications from candidates. A candidate's name is then sent to the governor by the county legislative delegations for consideration for appointment. The delegation's nominee may be rejected by the governor; in that case, the delegation will need to suggest another candidate.

South Carolina Family Court

All cases involving domestic or family connections fall within the exclusive jurisdiction of the Family Court. All cases about marriage, divorce, legal separation, custody, visiting rights, termination of parental rights, adoption, and name change are heard in the Family Court alone. Additionally, the court typically has sole jurisdiction over minors who are accused of breaking any municipal or state laws.

Judges of the Family Court are chosen for a six-year term by a combined public vote of the General Assembly. There are at least two resident judges on each court circuit, as well as Family Court justices. Each of the sixteen judicial circuits has at least two family court judges, who are elected to staggered six-year terms.

South Carolina Magistrate Court

Generally speaking, magistrates have criminal trial authority over any violations that carry a statutory fine of no more than $500.00, a maximum 30-day jail sentence, or both. They are also in charge of issuing arrest and search warrants, establishing bail, and holding preliminary hearings. When the sum is less than $7,500, magistrates have civil jurisdiction. Roughly 300 magistrates are serving the county to which they are appointed.

The governor appoints magistrates for each county for a four-year term with the Senate's advice and approval. The county senatorial delegation submits recommendations for Magistrates to the governor. Applicants for the position of magistrate must hold a bachelor's degree.

South Carolina Municipal Court

Municipal courts have jurisdiction over matters originating under local ordinances and all offenses that occur inside the municipality and carry a maximum fine of $500.00, a maximum jail sentence of 30 days, or both. Municipal courts may consider cases transferred from general sessions with a maximum penalty of one year in jail, a $5,000 fine, or both.

In criminal cases, a municipal judge has the same authority and responsibilities as a magistrate; however, municipal courts lack civil jurisdiction. The municipality's council determines a municipal judge's term, typically around four years. In South Carolina, almost 200 municipalities have established municipal courts.

South Carolina Probate Court

Probate judges are elected by the public to serve four-year terms in each county. They have authority over marriage licenses, deceased people's estates, minor settlements under $25,000, conservatorships of minors, etc.

Additionally, they have concurrent jurisdiction with Circuit Courts over powers of attorney and exclusive jurisdiction over trusts. The eligible voters in the individual counties choose the Probate Courtjustices, who serve four-year terms.