How to Request a Jury Trial in South Carolina

To request a jury trial in South Carolina, you file a written demand with the court and serve it on every other party. In a civil case, that demand must be served no later than 10 days after the last pleading directed to the issue is served.¹ In Magistrate or Municipal Court, a criminal defendant must affirmatively demand a jury, typically in writing at least five working days before trial. In General Sessions Court, no request is required; a jury trial is the default for felonies and serious misdemeanors.

The 10-Day Rule in Civil Cases

Rule 38 preserves the right to a jury trial in civil actions “for the recovery of money only or of specific real or personal property.”¹ That covers contract disputes, personal injury, property damage, and other cases where the goal is compensation. Cases seeking equitable relief, such as an injunction or a declaratory judgment, are decided by a judge. Family law matters like divorce, custody, and support are also decided without a jury.

The clock on the demand starts running when the last pleading directed to the issue is served — usually the answer or reply, not the complaint. You have 10 days from that point to serve a written demand. Miss it and the court treats the right as waived, and winning it back is extraordinarily difficult.

Do not wait. The safest practice is to include the jury demand in your initial pleading, so the deadline never becomes a problem.

What the Demand Has to Say

The demand must be in writing and must clearly state that you want a jury to decide the case. Rule 38(b) lets you include the demand within a pleading (your complaint or answer) or file it as a standalone document.¹ Endorsing it directly on the pleading is the simplest approach and avoids any timing dispute.

If you file a separate document, title it something unmistakable like “Demand for Jury Trial.” Include the standard case caption: court name, case number, and party names. Type it, double-space it, and sign it (the attorney signs, or you sign if you are representing yourself).

You can demand a jury on all triable issues or only on specific claims. If your demand does not specify particular issues, the court treats it as covering everything eligible for a jury. If you narrow it to certain claims, the opposing party then has 10 days to demand a jury on the remaining issues. Most litigants demand a jury on all issues to preserve maximum flexibility.

Serving It on the Other Parties

Filing the demand with the court is only half the job. Under Rule 5, you must also serve it on every other party — through their attorney if they have one, or directly on the party if they don’t.² Personal delivery, mail, or electronic service (if the receiving party has consented) all work.

File a certificate of service with the court showing the date, the method you used, and who was served. Keep your own copy along with any mailing receipts. If the other side later claims they never received the demand, the certificate of service is your proof.

Requesting a Jury in Magistrate or Municipal Court

Every person charged with an offense within a magistrate’s jurisdiction is entitled to a jury trial on demand.³ Unlike General Sessions, though, a jury trial in these lower courts is not automatic. You have to ask.

The request must typically be made in writing at least five working days before the scheduled trial date. Individual courts sometimes vary in how strictly they enforce that window, so a phone call to the clerk handling your case is worth making to confirm the deadline. Magistrate and Municipal Court juries have six members rather than twelve, but a guilty verdict still requires unanimity.⁴⁵

General Sessions Court: No Request Needed

For felonies and serious misdemeanors tried in General Sessions Court, the right to a jury trial is automatic. The court presumes a 12-person jury. You do not need to file anything to invoke that right.

If a defendant wants to give up the jury and have a judge decide the case instead, the waiver must be knowing, voluntary, and made in writing or stated on the record. Both the prosecutor and the judge must agree. If you waive and later change your mind, reinstating the jury is at the court’s discretion and depends on whether returning to a jury would cause delay or prejudice.

Check Your Contract First

Before you file a demand in a civil case, look at any contract at the center of the dispute. South Carolina courts will enforce pre-dispute jury trial waivers embedded in contracts, though they interpret those waivers narrowly because the right to a jury is considered substantial.⁶ If the waiver language is vague or buried, a court may decline to enforce it. If you signed a contract with a clear jury waiver clause, filing a jury demand later will not override it.

Fees

There is no separate fee for requesting a jury trial in a civil case. The demand is part of the case paperwork. The general filing fee for a new lawsuit in the Court of Common Pleas is $150.⁷ If you cannot afford it, you can ask the court to let you proceed without paying by filing a motion to proceed in forma pauperis under Rule 3(b), supported by an affidavit showing your inability to pay.⁸

Criminal defendants pay nothing to exercise the jury trial right. If you qualify for a public defender, there is a $40 application fee that a clerk or judge can waive or reduce for financial hardship.⁹ If the fee is waived at application, the judge can order the balance paid during probation if a probation sentence is imposed.

Once You File, You Cannot Easily Take It Back

A jury demand in a civil case is easier to make than to undo. Under Rule 38(d), withdrawing the demand requires the consent of all parties, unless the opposing party is already in default.¹ Even if you change your mind and would prefer a bench trial, the other side can insist on keeping the jury you demanded. Think through that possibility before filing.

For a criminal defendant in any court, waiving a jury still requires a knowing, voluntary decision in writing or on the record, and the judge and prosecutor must agree.

What Your Demand Actually Sets in Motion

Filing the demand triggers the jury selection process for your trial date. Potential jurors are drawn from a county pool built by merging the registered voter list with driver’s license and state identification records.¹⁰ At trial, both sides question the panel during voir dire and can remove jurors for cause or by peremptory challenge.

In Court of Common Pleas civil cases, each side typically gets four peremptory challenges out of a 20-person panel, with the remaining 12 forming the jury.⁴ In criminal cases, the numbers change with the charge: for serious offenses listed by statute (murder, arson, criminal sexual conduct, armed robbery, and others) the defendant gets up to 10 peremptory challenges and the State up to 5, while for other crimes both sides get up to 5.¹¹ Those numbers are worth knowing before trial, but none of them affect what you need to do right now to lock in your right to a jury: file the written demand, on time, and serve it on every other party.

1
South Carolina Judicial Branch. South Carolina Rules of Civil Procedure Rule 38 – Jury Trial of Right
2
South Carolina Judicial Branch. South Carolina Rules of Civil Procedure Rule 5 – Service and Filing of Pleadings and Other Papers
3
South Carolina Legislature. South Carolina Code Title 22 Chapter 2 – Section 22-2-150
4
South Carolina Judicial Branch. Juror Information
5
South Carolina Legislature. South Carolina Code Title 22 Chapter 3
6
South Carolina Judicial Branch. South Carolina Court of Appeals Opinion 3532
7
South Carolina Judicial Branch. Court Fees
8
South Carolina Judicial Branch. South Carolina Court Rules Rule 3 – Commencement of Action
9
South Carolina Legislature. South Carolina Code 17-3-30 – Affidavit of Inability to Employ Counsel
10
South Carolina Legislature. South Carolina Code Title 14 Chapter 7 – Section 14-7-130
11
South Carolina Legislature. South Carolina Code 14-7-1110 – Peremptory Challenges in Criminal Cases