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Circuit
Court
Each County in South Carolina has a Circuit Court. The Circuit Court in each county is in turn divided into two parts, Common Pleas and General Sessions. Common Pleas Court handles civil claims, while General Sessions handles criminal matters.
Common Pleas Court
Common Pleas Court in South Carolina is a court of general jurisdiction, meaning that most types of civil claims can be filed in Common Pleas. The majority of cases filed in Common Pleas are claims for money damages, such as personal injury claims or breach of contract cases. In claims for money damages, there is no limit to the amount that the Plaintiff (the person filing the case) can seek to recover. Claims for injunctive relief (asking the Judge to order someone to do or cease doing something) can also be heard in Common Pleas Court.
A Plaintiff filing in the Common Pleas Court can ask that the case be decided by the Judge alone (known as a bench trial), or they can request a jury trial. However, if the Plaintiff requests a bench trial, the Defendant can instead demand that the case be decided by a jury. When the case is filed, it will be placed on the general docket, which is a list of all pending cases in the order in which they were filed. After one year, the case will be moved from the general docket to the trial docket, which is a list of cases which are subject to being called to trial at a moment's notice whenever the Court is in session (called a term of court). Most jury cases filed in Common Pleas are tried within one to two years after they are filed. Non-jury cases (those involving a bench trial) are usually scheduled for trial more quickly than jury trials.
Discovery, including the taking of depositions, is available to the parties in Common Pleas cases.
Jury trials in Common Pleas are conducted before a twelve person jury. The jury's decision, called a verdict, must be unanimous.
Small Claims Court
Small Claims Court, also called Magistrate's Court, is a court of limited jurisdiction. For money damage claims, the maximum that can be awarded is $7,500.00.
A Plaintiff filing in Small Claims Court can ask that the case be decided by the Judge alone (bench trial), or they can request that the case be tried before a jury. However, if the Plaintiff requests a bench trial, the Defendant may instead demand that the case be decided by a jury. Most cases in small claims court are tried within 3 to 6 months after they are filed. Bench trials are scheduled more quickly than jury trials.
Discovery is not available in Small Claims cases. The Judge will nevertheless encourage the parties to voluntarily exchange information concerning their witnesses and evidence prior to trial.
Jury trials in Common Pleas are held before a six person jury. The jury's decision must be unanimous.
Each County in South Carolina has a Circuit Court. The Circuit Court in each county is in turn divided into two parts, Common Pleas and General Sessions. Common Pleas Court handles civil claims, while General Sessions handles criminal matters.
Common Pleas Court
Common Pleas Court in South Carolina is a court of general jurisdiction, meaning that most types of civil claims can be filed in Common Pleas. The majority of cases filed in Common Pleas are claims for money damages, such as personal injury claims or breach of contract cases. In claims for money damages, there is no limit to the amount that the Plaintiff (the person filing the case) can seek to recover. Claims for injunctive relief (asking the Judge to order someone to do or cease doing something) can also be heard in Common Pleas Court.
A Plaintiff filing in the Common Pleas Court can ask that the case be decided by the Judge alone (known as a bench trial), or they can request a jury trial. However, if the Plaintiff requests a bench trial, the Defendant can instead demand that the case be decided by a jury. When the case is filed, it will be placed on the general docket, which is a list of all pending cases in the order in which they were filed. After one year, the case will be moved from the general docket to the trial docket, which is a list of cases which are subject to being called to trial at a moment's notice whenever the Court is in session (called a term of court). Most jury cases filed in Common Pleas are tried within one to two years after they are filed. Non-jury cases (those involving a bench trial) are usually scheduled for trial more quickly than jury trials.
Discovery, including the taking of depositions, is available to the parties in Common Pleas cases.
Jury trials in Common Pleas are conducted before a twelve person jury. The jury's decision, called a verdict, must be unanimous.
Small Claims Court
Small Claims Court, also called Magistrate's Court, is a court of limited jurisdiction. For money damage claims, the maximum that can be awarded is $7,500.00.
A Plaintiff filing in Small Claims Court can ask that the case be decided by the Judge alone (bench trial), or they can request that the case be tried before a jury. However, if the Plaintiff requests a bench trial, the Defendant may instead demand that the case be decided by a jury. Most cases in small claims court are tried within 3 to 6 months after they are filed. Bench trials are scheduled more quickly than jury trials.
Discovery is not available in Small Claims cases. The Judge will nevertheless encourage the parties to voluntarily exchange information concerning their witnesses and evidence prior to trial.
Jury trials in Common Pleas are held before a six person jury. The jury's decision must be unanimous.
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