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South Carolina
JUDICIAL DEPARTMENT
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1978-09-13-01

The Supreme Court of South Carolina


O R D E R


Alcoholic Beverage Control Commission Summons Filing Retention Schedule

The judges of the magistrate courts of South Carolina being a part of the uniform statewide judicial system, and pursuant to the provisions of Article V, Section 4, South Carolina Constitution,

IT IS ORDERED that magistrates and municipal judges who use, as a charging paper, the Uniform Traffic Ticket for motor vehicle violations pursuant to Section 56-7-10 et seq. of the 1976 Code of Laws, the Official Summons of the Wildlife and Marine Resources Department pursuant to Sections 50-3-410 and 50-21-80, and Official Summons of the Alcoholic Beverage Control Commission pursuant to Act No. 485 of 1978 shall keep the Trial Officer's Copy of the charging paper, which vests the magistrate or municipal judge with jurisdiction to hear and dispose of the charge for which the charging paper was issued, on file in the court for a period of three (3) years (1) from the trial date for which the charging paper has been issued.

IT IS FURTHER ORDERED that magistrates and municipal judges shall file the Trial Officer's Copy of the Uniform Traffic Ticket, the Official Summons of the Wildlife and Marine Resources Department, and the Official Summons of the Alcoholic Beverage Control Commission in separate files and that the charging papers shall be filed in chronological order based upon the trial date of the offense.

IT IS FURTHER ORDERED that the Uniform Traffic Ticket and the Official Summonses required to be kept by this Order shall be in addition to the record of the proceedings required to be kept in the criminal docket book pursuant to Section 22-1-80 of the 1976 Code of Laws.

 
s/ J. Woodrow Lewis                             
J. Woodrow Lewis
Chief Justice

Columbia, South Carolina
September 13, 1978


1. Editor's Note: This provision was amended by Order of the Chief Justice dated February 22, 1989 to require that the summary courts retain on file all charging papers pertaining to the offense of D.U.I. for a period of ten (10) years from the trial date. In addition, all charging papers pertaining to offenses other than D.U.I. must be retained on file for a period of five (5) years from the trial date.