The South Carolina Circuit Court is the state’s main trial court, with authority to hear nearly any civil or criminal case that isn’t reserved by statute to a lower or specialized court. Article V, Section 11 of the South Carolina Constitution gives it original jurisdiction across all forty-six counties.1South Carolina Legislature. South Carolina Constitution Article V – The Judicial Department If you need to file a lawsuit worth more than a few thousand dollars, defend a serious criminal charge, or look up a case file, this is almost certainly the court involved.
What the Circuit Court Handles
The Circuit Court has two sides. The Court of Common Pleas handles civil matters, and the Court of General Sessions handles criminal matters. Both sit under the same Circuit Court umbrella, with the same judges rotating through both dockets.
On the civil side, Common Pleas hears contract disputes, personal injury claims, property disagreements, medical malpractice, construction litigation, business disputes, real estate title actions, and wrongful death cases. The dividing line with magistrate court is money. Magistrate courts handle civil disputes where the amount at stake is $7,500 or less.2South Carolina Legislature. South Carolina Code 22-3-10 – Concurrent Civil Jurisdiction Anything above that belongs in Common Pleas.3The South Carolina Judicial Branch. Magistrate Court
On the criminal side, General Sessions handles felonies and misdemeanors where the potential penalty exceeds thirty days in jail or a $500 fine. Below that threshold, charges stay in magistrate or municipal court.4The South Carolina Judicial Branch. Frequently Asked Questions – General Sessions Court Felony cases typically pass through a county grand jury of eighteen citizens, and at least twelve must find probable cause to return an indictment.5South Carolina Legislature. South Carolina Code 14-7-1750 – Indictment by State Grand Jury
The Circuit Court also hears appeals from magistrate, municipal, and probate courts, giving litigants a path to challenge decisions made at the local level.6South Carolina Legislature. South Carolina Code 14-5-350 – Powers of Judges
The Master-in-Equity Division
Foreclosures, property partitions, and court-ordered real estate sales usually go to the Master-in-Equity, a division of the Circuit Court for cases decided by a judge rather than a jury.7The South Carolina Judicial Branch. Master-In-Equity Court Counties with a population of at least 130,000 qualify for their own master, who has the same authority as a circuit judge sitting without a jury.8South Carolina Legislature. South Carolina Code of Laws Title 14 Chapter 11 – Masters and Referees
The Sixteen Judicial Circuits
South Carolina’s forty-six counties are grouped into sixteen judicial circuits, each covering between two and five counties.9South Carolina Legislature. South Carolina Code 14-5-610 The Ninth Circuit, for example, covers Charleston and Berkeley; the Thirteenth covers Greenville and Pickens.
Circuit judges rotate between counties rather than sitting permanently in one place. The rotation keeps judges from developing entrenched ties to a local bar. There are currently forty-six resident circuit judge seats and seven at-large seats, and judges are elected by the South Carolina General Assembly through a joint public vote rather than by the general public.10South Carolina Legislature. How Judges Are Elected in South Carolina
Which County to File In
Venue determines which circuit hears your case. Filing in the wrong county gives the other side grounds to have the case moved or dismissed, so this matters before anything else.
Cases involving real property, including recovery of land, foreclosures, partitions, and landlord-tenant disputes, must be filed in the county where the property sits.11South Carolina Legislature. South Carolina Code of Laws Title 15 Chapter 7 Penalty or forfeiture claims against public officers are filed where the cause of action arose.
Most other civil cases follow the defendant. If the defendant is a South Carolina resident, you can file in the county where they lived when the claim arose, or in the county where the most substantial part of the alleged wrongful conduct occurred. If the defendant is a nonresident, you can file where the conduct occurred or where you live.11South Carolina Legislature. South Carolina Code of Laws Title 15 Chapter 7 When a lawsuit names multiple defendants, venue is proper in any county that works for at least one of them.
How to File a Civil Action
A civil case begins when you file a summons and complaint with the clerk of court in the proper county.12The South Carolina Judicial Branch. Rule 3 – South Carolina Rules of Civil Procedure The complaint sets out your claims and the relief you want. The summons tells the defendant how long they have to respond. Both go in together.
You also submit a Civil Action Cover Sheet, form SCCA 234, which identifies the parties, the nature of the lawsuit, and the fee paid.
Filing can be done in person at the clerk’s office, by mail, or electronically through the SC Courts E-Filing System. E-filing is open to licensed South Carolina attorneys registered through the Attorney Information System.13The South Carolina Judicial Branch. E-Filing for Attorneys Self-represented litigants file in person or by mail. The clerk stamps the documents with the filing date and assigns a case number.
The filing fee for a Common Pleas case is $150, made up of a $100 base fee under Section 8-21-310 and a $50 surcharge under Section 14-1-204.14South Carolina Legislature. South Carolina Code 8-21-310 – Schedule of Fees and Costs15South Carolina Legislature. South Carolina Code of Laws Title 14 Chapter 1 Payment is due at the time of filing.
Serving the Defendant
Filing is only half the job. The defendant has to be served with copies of the summons and complaint. Under South Carolina Rule of Civil Procedure 4, service can be made by a sheriff, a deputy, or any person who is at least eighteen and is not a party to the case or an attorney involved in it.16The South Carolina Judicial Branch. Rule 4 – South Carolina Rules of Civil Procedure
For an individual, service happens by personal delivery, by leaving the papers at the defendant’s home with a resident of suitable age and discretion, or by delivery to an authorized agent. Corporations and partnerships are served through an officer, managing agent, or other authorized agent.16The South Carolina Judicial Branch. Rule 4 – South Carolina Rules of Civil Procedure
Timing is where cases die. Service must occur within the statute of limitations for the claim. If it doesn’t, you have a backup window of 120 days from the filing date to complete service, but only if the summons and complaint were filed before the limitations period expired.12The South Carolina Judicial Branch. Rule 3 – South Carolina Rules of Civil Procedure
Civil Deadlines You Can’t Miss
South Carolina applies a three-year statute of limitations to most common civil claims, including breach of contract, personal injury, property damage, trespass, wrongful death, insurance disputes, and fraud.17South Carolina Legislature. South Carolina Code 15-3-530 – Three Years The clock generally runs from when the injury occurs or when you discover (or should have discovered) the basis for the claim.
A few categories get longer. Actions on a mortgage-secured contract or a sealed instrument carry a twenty-year deadline.18South Carolina Legislature. South Carolina Code of Laws Title 15 Chapter 3 – Limitation of Civil Actions Three years is the default, and missing it is one of the most preventable losses in civil litigation.
Mandatory Mediation Before Trial
Civil cases in Circuit Court can’t be placed on the trial calendar until the parties have participated in alternative dispute resolution. Under ADR Rule 5, the conference must take place within 300 days of the filing date, and a Proof of ADR has to be filed with the court before the case can be set for trial.19The South Carolina Judicial Branch. Rule 5 – South Carolina ADR Rules Medical malpractice cases run on a tighter schedule, with pre-suit mediation required within 120 days after all defendants are served with the notice of intent to file.
The parties can agree on a mediator. If they can’t, the court appoints one. ADR doesn’t force a settlement, but many cases resolve at this stage.
Looking Up a Case
The South Carolina Judicial Department runs a Public Index portal for searching court records. To find a case you’ll need the case number, the county where it was filed, or the full legal name of a party. Case numbers are the fastest route; common names return a lot of hits.
The portal lets you filter by case type and action code, and digital versions of orders, motions, and judgments are available through it. Information from the Civil Action Cover Sheet, including the nature of the action and the filing date, often helps identify the right file when you only have partial details.