How Does the South Carolina Circuit Court Work?

In the South Carolina court system, the Circuit Court is the only trial court with general jurisdiction over civil and criminal matters. The court hears criminal cases and civil cases valued over $7,500. It also hears motions on such matters and post-conviction relief cases. The court’s powers and jurisdictions are covered by Section 14–5 of the South Carolina Code of Laws Unannotated.

The South Carolina Circuit Court is a superior court and hears appeals from specific-jurisdiction courts, including the magistrate courts, probate courts, and municipal courts. It also hears appeals from the Administrative Law Judge Division, which attends to cases relating to state administrative and regulatory agencies.

The South Carolina Circuit Court is the state’s trial court that has general jurisdiction. It also has limited authority to hear appeals from lower trial courts, such as the Probate Court, Magistrate Court, and governmental agencies. South Carolina Circuit Courts have two main divisions.

The first division is the Court of Common Pleas, which handles civil cases, while the second is the Court of General Sessions, which oversees criminal matters. The criminal cases heard by the Court of General Sessions include felonies and some misdemeanors. Certain Circuit Courts also have a subdivision of the Court of General Sessions to prosecute first offense charges related to domestic violence.

The Circuit Court hears most general civil cases with claims for more than $7500. It also has exclusive jurisdiction on settlements of claims over $10,000 that involve an incapacitated person or minor. The South Carolina Circuit Court has jurisdiction to have formal proceedings for the probate of wills and appoint personal representatives.

It oversees cases involving the construction of wills, trusts, disputes over title to real estate, jury trials when the amount in dispute is more than $5,000, and lawsuits connected to the South Carolina Uniform Gifts to Minors Act. If a part of a probate case is taken to the Circuit Court, the Probate Court still has jurisdiction over the case’s remaining details.

The Circuit Courts also attend to some domestic relations cases, including divorce, annulments, and related child support, child custody, and alimony cases. It may, however, transfer domestic relations cases to the Family Court. The South Carolina Circuit Courts share jurisdiction with Magistrate Courts over specific types of civil matters with claims of less than $7500. This includes contract claims, penalties, fines or forfeitures, damages to real or personal property, attachment of property for debts.

Other types of cases in which the Circuit Court shares jurisdiction with the Magistrate Courts include cases without financial limits. Some of such cases are landlord-tenant matters, bonds, confessions of judgment, cases involving rented personal property, and interpleaders. Any civil case with counterclaims above the jurisdictional limits of a Magistrates Court is transferred to the Circuit Court.

The South Carolina Circuit Court also shares jurisdiction with the Probate Court over different types of cases. Such cases include those involving a power of attorney, matters requesting the approval of settlements in wrongful death claims, or the authorization of settlements of claims for less than $10,000 in favor or against an incapacitated adult or minor.

South Carolina is divided into sixteen judicial circuits, with each one having at least one resident judge who has an office in the judge’s home county within the circuit. There are forty-six South Carolina circuit court judges who rotate through the sixteen judicial districts. Thirty-three of the judges are resident judges of each circuit, while thirteen are at-large, elected from anywhere in the state.

The General Assembly elects the judges to a staggered term of six years each. Each judicial circuit has a Chief Judge appointed by the Chief Justice of the South Carolina Supreme Court. The Circuit Court Chief Judge directs and supervises the circuit’s administrative issues and is assisted by the Court Clerk.

However, the Supreme Court’s Chief Justice handles the overall management and direction of the South Carolina court system. The Chief Justice and the Circuit Court Chief Judge work together with other judges to execute Supreme Court policies, assess the management of the trial courts, and assist in policy development.

To become a Circuit Judge, a person must have a minimum of eight years of experience as a licensed lawyer in South Carolina and must be above 32 years old but below 72 years. Retired justices and judges may also sit as active judges if the Chief Justice approves it. These retired judges are also subject to the same screening process of the legislature and can exercise all the powers of an active judge.

A South Carolina Circuit Judge may be removed or replaced in any of the following ways:

• Dismissal, transfer to inactive status, retirement, or removal by the supreme court, on the recommendation of the commission on judicial conduct.
• Conviction by two-thirds of the senate, after being impeached by a two-thirds vote of the house of representatives.
• Removal by the governor, after an address by two-thirds of each house of the General Assembly.

Interested persons may find South Carolina Circuit Court case records on the South Carolina Judicial Branch website. Users may provide the name of either party on the case record to get results. Alternatively, visit the sites of the Circuit Court in the relevant county for more information. Note, interested persons may also visit the Office of the Clerk of the Court in the county where the case was handled for the case record.

There are sixteen judicial circuits in South Carolina, which constitutionally consists of individual counties. Per the South Carolina Code of Laws, circuits differ in size from two to five counties. Each judicial circuit has the following counties:

First judicial circuit: Calhoun, Orangeburg, and Dorchester
Calhoun County Circuit Court
Calhoun County Courthouse
902 F. R. Huff Drive, P.O. Box 709, St. Matthews, SC 29135
Phone: 803–874–3524
Fax: 803–874–1942

Dorchester County Circuit Court
Dorchester County Courthouse
5200 East Jim Bilton Blvd, St. George, SC 29477
Phone: 843–563–0160
Fax: 843–563–0178

Orangeburg County Circuit Court
151 Docket Street, P.O. Box 9000, Orangeburg, SC 29116
Phone: 803–533–6260
Fax: 803–534–3848

Second judicial circuit: Aiken, Barnwell, and Bamberg.
Aiken County Circuit Court
Judicial Center
109 Park Avenue SE, P.O. Box 583, Aiken, SC 29802
Phone: 803–642–1715
Fax: 803–642–1718

Barnwell County Circuit Court
Barnwell County Courthouse
141 Main Street, P.O. Box 723, Barnwell, SC 29812
Phone: 803–541–1020
Fax: 803–541–1025

Bamberg County Circuit Court
2959 Main Highway, P.O. Box 150, Bamberg, SC 29003
Phone: 803–245–3025
Fax: 803–245–3088

Third judicial circuit: Lee, Sumter, Clarendon, and Williamsburg
Lee County Circuit Court
123 South Main Street
P.O. Box 387, Bishopville, SC 29010
Phone: 803–484–5341
Fax: 803–484–1632

Sumter County Circuit Court
Sumter County Judicial Center
215 North Harvin Street, Sumter, SC 29150
Phone: 803–436–2227
Fax: 803–436–2223

Williamsburg County Circuit Court
125 West Main Street, Kingstree, SC 29556
Phone: 843–355–9321 ext. 6200
Fax: 843–355–1580

Clarendon County Circuit Court
3 West Keitt Street
P.O. Box 136, Manning, SC 29102
Phone: 803–435–4443
Fax: 803–435–4844

Fourth judicial circuit: Chesterfield, Marlboro, Darlington, and Dillon
Chesterfield County Circuit Court
Chesterfield County Courthouse
200 West Main Street
P.O. Box 529, Chesterfield, SC 29709
Phone: 843–623–2574
Fax: 843–623–6944

Marlboro County Circuit Court
Marlboro County Courthouse
105 Main Street
PO Drawer 996
Bennettsville, SC 29512
Phone: 843–479–5613
Fax: 843–479–5653

Darlington County Circuit Court
1 Public Square
Room B–4, Darlington, SC 29532
Phone: 843–398–4330
Fax: 843–393–6871

Dillon County Family Court
301 West Main Street
PO Drawer 1220, Dillon, SC 29536
Phone: 843–774–1425
Fax: 843–774–3706

Fifth judicial circuit: Kershaw and Richland
Kershaw County Circuit Court
Kershaw County Courthouse
1121 Broad Street, Room 313
P.O. Box 1557, Camden, SC 29021
Phone: 803–425–7223
Fax: 803–425–1505

Richland County Circuit Court
Richland County Judicial Center
1701 Main Street, Room 205
P.O. Box 2766, Columbia, SC 29202
Phone: 803–576–1950
Fax: 803–576–1785

Sixth judicial circuit: Lancaster, Chester, and Fairfield
Lancaster County Circuit Court
Lancaster County Courthouse
104 North Main Street, Lancaster, SC 29720
Phone: 803–285–1581

Chester County Circuit Court
140 Main Street
P.O. Box 580, Chester, SC 29706
Phone: 803–385–2605
Fax: 855–946–0423 (Civil)
Fax: 855–935–3708 (Criminal)

Fairfield County Circuit Court
Fairfield County Courthouse
101 South Congress Street
PO Drawer 299, Winnsboro, SC 29180
Phone: 803–712–6526
Fax: 803–712–1506

Seventh judicial circuit: Spartanburg and Cherokee
Spartanburg County Circuit Court
Spartanburg County Courthouse
180 Magnolia Street, Suite 500
P.O. Box 5666, Spartanburg, SC 29304
Phone: 864–596–2591
Fax: 864–596–2259

Cherokee County Circuit Court
125 East Floyd Baker Blvd
P.O. Box 2289, Gaffney, SC 29342
Phone: 864–487–2571
Fax: 864–487–2754

Eighth judicial circuit: Abbeville, Greenwood, Newberry and Laurens
Abbeville County Circuit Court
Abbeville County Courthouse
102 Court Square, Room 103
P.O. Box 99, Abbeville, SC 29620
Phone: 864–366–5312 ext. 55
Fax: 864–366–9188

Greenwood County Circuit Court
Greenwood County Courthouse
528 Monument Street
Room 114, Greenwood, SC 29646
Phone: 864–942–8546
Fax: 864–942–8693

Newberry County Circuit Court
Newberry County Courthouse
1226 College Street
PO Drawer 10, Newberry, SC 29108
Phone: 803–321–2110
Fax: 803–321–2111

Laurens County Circuit Court
100 Hillcrest Square, Suite B
P.O. Box 287, Laurens, SC 29360
Phone: 864–984–3538
Fax: 864–984–7023

Ninth Judicial circuit: Berkeley and Charleston
Berkeley County Circuit Court
300-B California Avenue
P.O. Box 219, Moncks Corner, SC 29461
Phone: 843–719–4400
Fax: 843–719–4509

Charleston County Circuit Court
Judicial Center
100 Broad Street
Suite 106, Charleston, SC 29401
Phone: 843–958–5000
Fax: 843–958–5020

Tenth Judicial circuit: Oconee and Anderson
Oconee County Circuit Court
205 West Main Street
P.O. Box 678, Walhalla, SC 29691
Phone: 864–638–4280
Fax: 864–638–4282

Anderson County Circuit Court
100 S Main Street
P.O. Box 8002, Anderson, SC 29622
Phone: 864–260–4053
Fax: 864–260–4715

Eleventh Judicial circuit: McCormick, Edgefield, Saluda, and Lexington
McCormick County Circuit Court
133 South Mine Street
Room 102, McCormick, SC 29835
Phone: 864–852–2195
Fax: 864–852–0071

Edgefield County Circuit Court
129 Courthouse Square
P.O. Box 34, Edgefield, SC 29824
Phone: 803–637–4080
Fax: 803–637–4056

Saluda County Circuit Court
Saluda County Courthouse
100 East Church Street
Suite 6, Saluda, SC 29138
Phone: 864–445–4500
Fax: 864–445–3772

Lexington County Circuit Court
205 East Main Street, Lexington, SC 29072
Phone: 803–785–8212
Fax: 803–785–2215

Twelfth judicial circuit: Florence and Marion
Florence County Circuit Court
City-County Complex
180 North Irby Street, Florence, SC 29501
Phone: 843–665–3031
Fax: 843–665–3097

Marion County Circuit Court
100 West Court Street
P.O. Box 295, Marion, SC 29571
Phone: 843–423–8240
Fax: 843–423–8242

Thirteenth judicial circuit: Pickens and Greenville
Pickens County Circuit Court
214 East Main Street
P.O. Box 215, Pickens, SC 29671
Phone: 864–898–5857
Fax: 864–898–5863

Greenville County Circuit Court
Greenville County Courthouse
305 East North Street, Greenville, SC 29601
Phone: 864–467–8551
Fax: 864–467–8540

Fifteenth judicial circuit: Allendale, Hampton, Jasper, Beaufort, and Colleton
Allendale County Circuit Court
Allendale County Courthouse
292 Barnwell Highway
P.O. Box 126, Allendale, SC 29810
Phone: 803–584–2737
Fax: 803–584–7046

Jasper County Circuit Court
265 Russell Street
P.O. Box 248, Ridgeland, SC 29936
Phone: 843–726–7710
Fax: 843–726–7782

Beaufort County Circuit Court
102 Ribaut Road, Suite 208
P.O. Box 1128, Beaufort, SC 29901
Phone: 843–255–5050 (Civil)
Fax: 843–255–9412 (Civil)
Phone: 843–255–5057 (Criminal)
Fax: 843–255–9412 (Criminal)

Colleton County Circuit Court
101 Hampton Street
P.O. Box 620, Walterboro, SC 29488
Phone: 843–549–5791
Fax: 843–549–2875

Sixteenth judicial circuit: York and Union
York County Circuit Court - Common Pleas (Civil)
2 South Congress Street
P.O. Box 649, York, SC 29745
Phone: 803–684–8507
Fax: 803–684–8575

York County Circuit Court - General Sessions (Criminal)
Moss Justice Center
1675 York Highway, Suite 1G
P.O. Box 649, York, SC 29745
Phone: 803–628–3036
Fax: 803–628–3133

Union County Circuit Court
Union County Courthouse
210 West Main Street, Union, SC 29379
Phone: 864–429–1630

The court process in the Circuit Court depends on the type of case. A criminal case begins with a bond hearing, which occurs 24 hours after the arrest. The preliminary hearing comes after this and must be within ten days of the defendant’s arrest. The first appearance, called the roll call, is usually set up within 45 days of the arrest, and the second appearance within 120 days of the arrest. After both appearances is the trial, and there is no stipulated time limit for the trial.

For civil cases, the procedure is also dependent on the type of civil case. There is also no stipulated time limit for the resolution of civil cases in the South Carolina Circuit Court.