SCJD Summary Court Benchbook

General
Civil
Criminal
Crimes & Offenses
Traffic
Forms
Orders
Memoranda
Court Rules
Civil Forms
Print Version

A.	The South Carolina Judicial System
	1	Judiciary
	2	The Courts
		a	The Supreme Court
		b	The Court of Appeals
		c	The Circuit Courts
		d	Masters-In-Equity
		e	The Family Courts
		f	The Magistrates' Court
		g	The Municipal Courts
		h	The Probate Courts
	3	South Carolina Court Administration
	4	The Clerk of Court
	5	The Prosecution
	6	The Defense

B.	The South Carolina Magistrate and Municipal Judge
	1	Appointment
	2	Qualifications
	3	Vacancies
	4	Disqualification and Discipline
	5	Retirement
	6	The Code of Judicial Conduct
	7	Fees and Costs
	8	Bonds
	9	Court Facilities and Accessibility
	10	Official Office Bank Account
	11	Record Keeping Procedures
		a	Generally
		b	Numbered Arrest Warrants
		c	Numbered Receipts
		d	Search Warrants
	12	Reports
		a	Reports of Monies
		b	Filing of Warrants and Related Papers with Clerk of Court
		c	Notice to Clerk of Court and Solicitor of Request for Preliminary Examination
		d	Return of Papers to Clerk of Court After Preliminary Examination
		e	Papers to Clerk of Court in Criminal Appeals
		f	Papers to Clerk of Court in Civil Appeals
		g	Report to the Department of Revenue
		h	Report to the Department of Public Safety
		i	Report to Election Commission
		j	Report to State Law Enforcement Division (SLED)
		k	Report to Commission on Continuing Legal Education
		l	Reports to Court Administration
			(1)	Bonds
			(2)	Bank Account(s)
			(3)	Criminal Cases Not Disposed
			(4)	Other Reports

C.	Sources of the Law
	1	The Constitution
	2	The South Carolina Code of Laws
	3	Case Law
	4	Local Law
	5	Rules of Court
	6	Attorney General's Opinions
	7	Administrative Procedures
	8	Website

D.	Provisions Applicable to Both Civil and Criminial Cases
	1	Change of Venue
	2	Disqualification
	3	Witnesses
		a	Compelling Attendance
		b	Compensation
	4	Testimony De Bene Esse
	5	Power to Punish for Contempt
	6	Jurors
		a	Failure to Respond to Summons
		b	Persons Who Are Exempt From Serving as Jurors
		c	Compensation
	7	New Trial
	8	Party Charged with Costs Entitled to Itemized Account
	9	Court Interpreters

E.	Instructions for Completing the Municipal Court Caseload Report
	1	Caseload Information by Category
	2	Caseload Information by Column
	3	Age of Pending State Criminal Cases
	4	Criminal Case More Than 60 Days Old
	5	General Report Instructions

F.	Uniform Recordkeeping and Information System
	1	Magistrates Disposed Traffic Docket
	2	Magistrates Pending Traffic Docket
	3	Magistrates Disposed Criminal Docket
	4	Magistrates Pending Criminal Docket
	5	Magistrates Disposed Civil Docket
	6	Magistrates Pending Civil Docket

A.	Introduction to Civil Law
	1	Introduction to Civil Law

B.	Magistrate Law in Civil Actions
	1	Jurisdiction
	2	Venue
	3	Statute of Limitation
	4	Parties
	5	Rules of Evidence

C.	Civil Procedure in Magistrates' Court
	1	The Pleadings
	2	Summons and Service Process
	3	Service of Process
	4	Time of Return by Defendant
	5	Offer of Judgment
	6	Demurrer to the Complaint
	7	Answering the Complaint
	8	Objection to Jurisdiction
	9	Setting the Trial Date
	10	Exhibition of Accounts
	11	Amendments to Pleadings
	12	Default Judgments and Dismissals
	13	Testimony De Bene Esse
	14	Continuances and Postponements
	15	Summary Judgment

D.	Non-Jury Trials
	1	Generally
	2	Defenses and Counterclaims
	3	Damages

E.	Trial by Jury
	1	Jury Selection
	2	Voir Dire
	3	Disqualification, Exemption, and Excuse of Jurors
	4	Disobedience to Summons
	5	Miscellaneous Jury Matters
	6	Preliminaries to Jury Trial
	7	Introductory Remarks
	8	Counterclaims
	9	Contempt

F.	Special Matters at Trial
	1	Variances Between Pleadings and Proof
	2	Sequestration of Witnesses
	3	Admissibility of Evidence
	4	Objections
	5	Jury Note-Taking
	6	Bench Conferences with Counsel
	7	Compelling Attendance of Witnesses
	8	Compensation of Witnesses
	9	Keeping of a Trial Record
	10	Directed Verdicts
	11	Final Instructions to the Jury
	12	Submission of the Case
	13	Mistrials
	14	Returning the Verdict

G.	Procedure After Verdict
	1	Filing of the Judgment
	2	Magistrates' Judgments Recorded in Circuit Court
	3	Costs
	4	Attorney's Fees
	5	New Trial
	6	Appeals
		a	Restriction of Action During Appeal
		b	Effecting the Appeal
		c	Service of Notice of Appeal
		d	Contents of Notice of Appeal
		e	Return by the Magistrate
		f	Offers of Revision and Allowance
		g	Judgment on Appeal

H.	Attachment
	1	Generally
	2	Time When Attachment May Be Sought
	3	Duration of Attachment
	4	Grounds for Attachment
	5	Property Subject to Attachment
	6	Attachment When Debt Not Yet Due
	7	Filing of the Affidavit
	8	Bond Undertaking
	9	Issuance of Warrant of Attachment
	10	Attachment Procedure
	11	Disposition of Attached Property
	12	Release of Attached Property

I.	Enforcement of Civil Judgments
	1	Generally
	2	Issuance of Execution
	3	Contents of the Execution
	4	Execution Against Property
	5	Execution for Delivery of Specific Property
	6	Execution Against the Person
	7	Return of the Execution

J.	Judicial Sales
	1	Generally
	2	Sales Conducted by Officer
	3	When Sales May Not Be Conducted
	4	Sales in Different Situations
		a	Seizure and Sale in Claim and Delivery Action
		b	Seizure and Sale in Distraint Actions
		c	Seizure and Sale on Executions
		d	Repair or Storage Liens

K.	Action of Claim and Delivery
	1	Jurisdiction and Venue
	2	Claiming Delivery
	3	Requirements
		a	Claim and Delivery Upon Showing of Danger of Destruction or Concealment
		b	Claim and Delivery Upon Showing of Waiver
		c	Claim and Delivery for Immediate Dispossession
		d	Claim and Delivery for Possession
	4	Actions for Immediate Seizure
	5	Actions for Later Seizure
	6	Filing for Affidavit
	7	Waiver of Right to Pre-seizure Hearing
	8	Affidavit of Danger of Destruction or Concealment
	9	The Bond Undertaking
	10	Notice of Right to a Hearing
	11	Order Restraining Damage or Concealment
	12	Summons
	13	Service of Papers
	14	Return of Property to Defendant After Seizure
	15	Judgment and Seizure
	16	Seizure of Property
	17	Notice of Right to Cure
	18	Claims of Third Parties
	19	Self-help by Owner

L.	Elements of Common Contract Actions
	1	Generally
	2	Parole Evidence Rule
	3	Defenses
	4	Uniform Commercial Code

M.	Elements of Common Tort Actions
	1	Generally

N.	Elements of Common Landlord-Tenant Problems
	1	Generally
	2	Jurisdiction of Magistrates
	3	Eviction or Ejectment
		a	Generally
		b	Commencing Ejectment
		c	Acrual of Rent
		d	Failure of Tenant to Appear
		e	Trial for Ejectment
		f	Appeal of the Verdict
	4	Collection of Rent by Distraint
		a	Commencement of Distraint Proceeding
		b	Service of Process
		c	Pre-Distress Hearing
		d	Enforcement of Distress Warrant
		e	As to Property Distrained
		f	Tenant May Give Bond
		g	Sale of Distrained Property
	5	Non-Landlord/Tenant Problems: Summary Ejectment of Trepassers

O.	Liens and Incumbrances
	1	Generally
	2	Jurisdiction
	3	Mechanics' Liens
		a	Generally
		b	Enforcement
		c	Initiation of the Lien Enforcement
		d	Judgment and Satisfaction
		e	Distribution of the Proceeds
		f	Prevention of Lien Attachment
		g	Priorities
	4	Agricultural Liens
	5	Repair or Storage Liens
	6	Animal Owners' Liens
	7	Uniform Commercial Code
		a	Generally
		b	The Statutory Lien vs. The Security Interest
		c	The Security Interest vs. The Subsequent Purchaser
	8	Criminal Penalties

P.	Protection From Domestic Abuse Act
	1	Protection From Domestic Abuse Act

Q.	Harassment and Stalking
	1	Issuance of Order With Notice of Hearing
	2	Issuance of Order Without Notice

R.	Interpleader Actions

A.	Introduction to Criminal Law
	1	Distinctions Between Civil and Criminal Law
	2	Substantive and Procedural Law

B.	Jurisdiction and Venue in Criminal Matters
	1	Jurisdiction
		a	Territorial Jurisdiction
		b	Subject Matter Jurisdiction
		c	Transfer Cases
		d	Exclusive Versus Concurrent Jurisdiction
	2	Venue
		a	Magistrate
		b	Municipal Judge

C.	Warrants
	1	Arrest Warrants
		a	Generally
		b	Arrest Without Warrant
		c	Arrest With a Warrant
		d	Drafting the Warrant
	2	Bench Warrants
	3	Fugitive Warrants
	4	Search Warrants
		a	Generally
		b	Search With a Warrant
		c	Exceptions to the Search Warrant Requirement
		d	Motions to Supress Evidence Obtained Through Search and Seizure

D.	Victims' Rights
	1	Written or Oral Victim Impact Statement
	2	Bond Hearings
	3	Preliminary Hearings
	4	Summary Court's Duty to Notify Victim of Victims' Rights
	5	Forms Victims Should Be Provided by Summary Court
	6	Pretrial Intervention Program (PTI)

E.	Bail Proceedings
	1	Authority of Magistrates and MunicipalJudges to Set Bail
	2	Victims' Rights at Bond Proceedings
	3	Conduct of Bail Proceedings
	4	Factors to Consider and Forms of Release
	5	Procedure for Posting Bail
	6	Duration of Bail
	7	Bond Estreatment
	8	Surety Relieved From Bond Obligation

F.	Preliminary Examinations
	1	Notice of Right to Preliminary Hearing
	2	Effect of Indictment on Request for Preliminary Examination
	3	Waiver of Right to Preliminary Examination
	4	Time in Which Request for Preliminary Examination Must Be Made
	5	Time When the Preliminary Hearing Must Be Held
	6	Purpose and Scope of Preliminary Examination
	7	Right to Counsel at Preliminary Examination
	8	Notice to Victim to Attend
	9	Procedure in a Preliminary Examination
	10	Closure of the Preliminary Examination

G.	Rights of the Defendant
	1	Outline
	2	Checklist for Magistrates and Municipal Judges
	3	Defense of Indigents Act
	4	Informing the Defendant of the Nature of the Complaint
	5	Right to Counsel
	6	Self-Incrimination/Right of Confrontation
	7	Right to Due Process
	8	Right to a Speedy and Public Trial

H.	Trial Procedure
	1	Different Types of Procedure
	2	Commencement of Proceedings - Warrant and Information
	3	Pre-Trial Intervention (PTI)
	4	Trial in Absentia
	5	Entering the Plea
		a	Jurisdiction
		b	Counsel
		c	Pleading
	6	Selection of the Jury
		a	Magistrate
		b	Municipal Court
	7	Voir Dire
	8	Taking Down and Preserving Testimony
		a	Magistrate
		b	Municipal Court
	9	Witnesses
	10	Conduct of the Trial
	11	The Court's Instructions to the Jury
		a	Separate Duties Performed by Judge and Jury
		b	Circumstantial Evidence
		c	Presumption of Innocence
		d	Reasonable Doubt
		e	Failure of Defendant to Testify
		f	Law of the Case
		g	Form of Verdict
	12	Jury Deliberation
	13	Sentencing
		a	General Sentencing Procedures
		b	Restitution
		c	Suspension of Sentences
		d	Revocation or Suspension of Driver’s License
		e	Offenses Requiring Revocation or Suspension of Driver's License
	14	Appeals
		a	Magistrate Courts
		b	Municipal Court
	15	Expungements
		a	Expungement of criminal records in the circuit court
		b	Summary Court expungement process as required by 17-22-950(A)

A.	Alcoholic Beverages
	1.	Alcohol - Distilleries, etc.
	2.	Beer, Wine, etc. - Persons Under Age 21
	3.	Beer, Wine, etc. - Tax Levy
	4.	Driving Under the Influence (DUI) of Intoxicating Liquors, etc.
	5.	Employment of a Person Under 21 in Liquor Business
	6.	Open Containers of Beer and Wine in Moving Vehicles
	7.	Purchase of Liquor by Person Under Age 21 or Misrepresentation of Age
	8.	Sale of Liquor to Persons Under Age of 21
	9.	Transporting with Broken Caps or Seals in Motor Vehicle
	10.	Unlawful Purchase of Alcoholic Liquor - Generally
	11.	Unlawful Sale or Manufacture of Liquor - Generally
	12.	Unlawful Storage or Possession of Alcoholic Liquors
	13.	Unlawful Storage or Transportation of Illegal Alcoholic Liquors

B.	Fraudulent Checks
	1.	Generally
	2.	Inapplicability of Statute
	3.	Prima Facie Evidence
	4.	Stopping Payment with Intend to Defraud
	5.	Instructions for Magistrates
	6.	Magistrates' Jurisdiction and Sentencing
	7.	Municipal Court Jurisdiction and Sentencing

C.	Offense Against Morality and Decency
	1.	Assualt with Intent to Commit Criminal Sexual Conduct
	2.	Bigamy
	3.	Criminal Sexual Conduct - First Degree
	4.	Criminal Sexual Conduct - Second Degree
	5.	Criminal Sexual Conduct - Third Degree
	6.	Criminal Sexual Conduct with a Minor – First Degree
	7.	Criminal Sexual Conduct with a Minor – Second Degree
	8.	Disseminating Harmful Material to Minors
	9.	Incest
	10.	Indecent Exposure
	11.	Lewd Act Upon a Child
	12.	Obscentity
	13.	Prostitution
	14.	Sexual Exploitation of Minor

D.	Offenses Against the Peace
	1.	Conspiracy Against Civil Rights
	2.	Destroying Records in Public Building
	3.	Failure to Stop for Law Enforcement Vehicle
	4.	Hindering Officers, Rescuing Prisoners
	5.	Riot
	6.	Riot, Rout, or Affray
	7.	Slander - Libel
	8.	Stink Bombs
	9.	Violations of Emergency Proclamation
	10.	Wearing Masks

E.	Offenses Against the Person
	1.	Accessory Before the Fact
	2.	Administering or Attempting to Administer Poison
	3.	"Simple" Assault and Battery
	4.	Assault and Battery of a High and Aggravated Nature
	5.	Assault and Battery on School Personnel
	6.	Assault and Battery with Intent to Kill
	7.	Assault of Home Healthcare Worker, Firefighter or Emergency Medical Service Provider
	8.	Assault or Intimidation on Account of Political Opinions or Exercise of Civil Rights
	9.	Threatening Life, Person, or Family of Public Official
	10.	Assault with Concealed Weapon
	11.	Child Endangerment in Motor Vehicle
	12.	Conspiracy to Kidnap
	13.	Employing Person Under 18 to Commit Certain Crimes
	14.	Failure to Remove Doors From Containers
	15.	Homicide By Child Abuse
	16.	Kidnapping
	17.	Killing by Poison
	18.	Lynching - First Degree
	19.	Lynching - Second Degree
	20.	Manslaughter (Voluntary)
	21.	Manslaughter (Involuntary)
	22.	Murder
	23.	Reckless Homicide
	24.	Felony DUI
	25.	Unlawful Conduct Towards Child
	26.	Criminal Domestic Violence
	27.	Violation of Terms and Conditions of an Order of Protection
	28.	Trespass on the Grounds of a Domestic Violence Shelter
	29.	Stalking and Harassment

F.	Offenses Against Property
	1	Altering Landmarks
	2	Arson - First Degree
	3	Arson - Second Degree
	4	Arson - Third Degree
	5	Attempted Arson
	6	Avoiding Payment of Telephone Services
	7	Bomb Threats/Conveying False Information Regarding Attempted Use of a Destructive Device
	8	Breach of Trust with Fraudulent Intent
	9	Breaking Into Automobiles, Tanks
	10	Burglary - First Degree
	11	Burglary - Second Degree
	12	Burglary - Third Degree
	13	Burning Crops, Etc
	14	Burning Lands of Another
	15	Burning to Defraud Insurer
	16	Carjacking
	17	Coloring or Sale of Animals or Birds
	18	Computer Crime
	19	Cutting, Removing, or Transporting Forest Products Without Consent; Fraudulently Acquiring Forest Products
	20	Damaging by Means of Explosive or Incendiary
	21	Damaging or Tampering With Vehicle
	22	Defrauding Hotel, Inn, Boardinghouse, Rooming House, Cafe, or Restaurant
	23	Driving Vehicle Through Planted Fields
	24	Dumping Litter On Private Or Public Property
	25	Embezzelement of Public Funds
	26	Entering Bank to Steal
	27	Entering House Without Breaking
	28	Entering Premises After Warning or Refusing to Leave on Request
	29	Entry on Another's Land After Notice
	30	Refusing to Leave Public Premises After Regular Hours
	31	Entry on Another's Land For Various Puposes Without Permission
	32	Failure to Return Rented Objects; Fraudulent Appropriation of Such
	33	Failure to Return Rented Video Cassette
	34	False Reports of Stolen or Converted Vehicles
	35	False Tokens or Letters
	36	Forgery
	37	Gasoline, Unlawful to Dispense Without Payment
	38	Grand Larceny
	39	Ill-Treatment of Animals
	40	Injury or Destruction of Buildings or Crops by Tenant
	41	Larceny of Bicycles
	42	Larceny of Livestock
	43	Malicious Injury to or Interference With Microwave, Radio or Television Facilities: Unauthorized Use of Such Facilities
	44	Malicious Injury to Place of Worship
	45	Malicious Injury to Animals and to Property
	46	Obtaining Signature or Property by False Pretense
	47	Parking on Private Property Without Permission
	48	Petit Larency
	49	Purse Snatching
	50	Receiving Stolen Goods
	51	Robbery on Trains
	52	Robbery - Operators or Vehicles for Hire
	53	Robbery While Armed With a Deadly Weapon
	54	Safecracking
	55	Shoplifting
	56	Stealing Dogs
	57	Swindling
	58	Tampering With Utility Meters
	59	Theft of Electric Current
	60	Tools for Criminal Use
	61	Train Robbery
	62	Trepass
	63	Trepass Upon Railroad Tracks
	64	Use of Vehicle Without Permission
	65	Wilful Sale of Property on Which Lien Exists
	66	Sale of Secured Property Without Consent

G.	Offenses Against Public Justice
	1	Acceptance of Bribes by Officers
	2	Acceptance of Bribe by Juror
	3	Acceptance of Extra Compensation
	4	Aiding Escape from Jail
	5	Aiding Escape from Officers
	6	Bribery of Witness in Criminal Cases
	7	Corrupting Jurors
	8	Influencing a Juror
	9	Misprison of Felony
	10	Offering Bribes
	11	Perjury and Subornation of Perjury
	12	Refusal or Failure to Obey Subpoena; Refusal to Take Oath orTestify
	13	Resisting Arrest or Service
	14	Threatening Judge, Juror or Witness
	15	Willful Failure to Appear in Compliance With Uniform Traffic Ticket

H.	Offenses Against Public Policy
	1	Blackmail
	2	Cockfighting
	3	Contributing To the Delinquency of a Minor
	4	Destruction or Desecration of Human Remains
	5	Disturbing Schools
	6	Impersonating Law-Enforcement Officer
	7	Interference With Fire and Police Alarm Boxes
	8	Peeping Tom - Eavesdropping
	9	Public Disorderly Conduct
	10	Scalping
	11	Unlawful Purchase or Transporation of Copper Wire or Pipe
	12	Unlawful to Transport Child Outside State to Violate Custody Order
	13	Unlawful Use of Telephone
	14	Voyeurism

I.	Offenses Involving Weapons
	1	Carrying Concealed Weapons
	2	Carrying A Handgun
	3	Carrying Weapons on School Property
	4	Discharging Firemarms At or Into Dwelling, Vehicle, Aircraft, Watercraft, etc.
	5	False Information on License Application
	6	Fire Bombs
	7	Firearms in Public Buildings
	8	Illegal Possession of Tear Gas Gun
	9	Machine Guns, Sawed-Off Shotguns and Rifles
	10	Placing Loaded Trap Gun or Spring Gun
	11	Pointing Firearm at a Person
	12	Resisting Arrest With Use or Threat of Use of A Deadly Weapon
	13	Sale or Delivery of Pistol; Possession by Certain Person; Stolen Pistols

J.	Poisons, Drugs, and Other Controlled Substances
	1	Generally
	2	Aromatic Hydrocarbons (Glue Sniffing)
	3	Conditional Discharge for First Offense
	4	Distribution to Person Under Eighteen
	5	Distribution Within Proximilty of School
	6	Possession, Manufacture, And Trafficking; Methamphetamine and Cocaine Base
	7	Obtaining Certain Drugs, Preparations or Compound by Fraud, Deceit, etc.
	8	Possession of Certain Quantities of Controlled Substances as Evidence on Intent to Distribute
	9	Possession of Methamphetamine or Cocaine Base
	10	Possession of Small Quantities of Marijauna or Hashish
	11	Prohibited Acts A: Possession and Distribution of Controlled Substances
	12	Prohibited Acts B: Licensed Distributors
	13	Prohibited Acts C: Distribution and Manufacture Violations
	14	Sale, etc. of Misbranded Package or Container of Dangerous Caustic and Corrosive Substances

K.	Financial Transaction Card Crime Act
	1	Generally
	2	Penalties
	3	Financial Transaction Card (FTC)
	4	Financial Transaction Card Theft
	5	Financial Trasnaction Card Forgery
	6	Financial Transaction Card Fraud
	7	Criminal Possession of Financial Transaction Card Forgery Devices
	8	Criminally Receiving Goods or Services Fraudulently Obtained

A.	Jurisdiction
	1	Jurisdiction

B.	Trial
	1	Trial
	2	Revocation or Suspension of Driver's License

C.	Title
	1	Title

D.	General Principles
	1	Requirement to Elect
	2	Prohibition of Reduction of Charges

E.	Reckless Driving
	1	Reckless Driving

F.	Driving Under Suspension
	1	Driving Under Suspension
	2	Suggested Charge for Driving Under Suspension

G.	Qualifying the Data Master Operator and Admissibility of Results
	1	Generally
	2	Determining Admissibility of Operator's Testimony
	3	Instructions to the Jury

H.	Forfeiture of Bail Posted
	1	Forfeiture of Bail Posted

I.	Parking Lot Jurisdiction
	1	Parking Lot Jurisdiction

J.	Previous DUI Charge Pending
	1	Previous DUI Charge Pending
	2	Delay in Trying Second Charge

K.	Collection by Patrolman of Bail Money
	1	Collection by Patrolman of Bail Money

L.	Common Traffic Violations
	1	Generally
	2	Hazardous Moving Violations
	3	Hazardous Non-Moving Violations
	4	Vehicle License Violations
	5	Equipment Violations
	6	Buses, Trucks, Trailers
	7	Violations Pertaining to Accidents
	8	Driver's License Violations
	9	Special Sections

M.	Non-Resident Violations Compact
	1	Generally
	2	Procedures Under the NRVC (General)
	3	Procedural Guidelines for Administering the NRVC
	4	Member of the NRVC Compact
	5	Traffic Ticket

PDF	Word	Form ID	Form Title
PDF	Word		ABC Summons and Arrest Report
PDF	Word		Acknowledge of Notification of Right to be Present at Trial
PDF	Word	SCCA635	Affidavit & Motion to be Relieved on Bond
PDF	Word		Application for Certification/Recertification Examination
PDF	Word	SCCA510	Bail Bond Form 1
PDF	Word	SCCA511	Bail Bond Form 2
PDF	Word	SCCA215	Certificate of Transmittal
PDF	Word		Certificate of Trial Experience
PDF	Word	SCCA507	Checklist for Magistrate and Municipal Judges
PDF	Word	SCCA504	Civil Docket Disposed
PDF	Word		Court Order Restriction of Driving Privileges - Tobacco Prevention Act - Minor
PDF	Word		Court Order Restriction of Driving Privileges - Tobacco Prevention Act - Minor - Instructions
PDF	Word	SCCA502	Criminal Docket Disposed
PDF	Word		DHEC Arrest Report and Trial Summons (Shellfish Division)
PDF	Word		DHEC Summons and Arrest Report (Liter Patrol)
PDF	Word	SCCA223C	Expungement Objection Transmittal
PDF	Word	SCCA271	Guidelines for Public Sales of Vehicle/Property
PDF	Word		Ishmell Order
PDF	Word	SCCA610	Magistrate Court Report Form SCCA (Caseload)
PDF	Word	SCCA660	Motion and Affidavit for Preliminary Injunction
PDF	Word	SCCA609	Municipal Court Report Form SCCA (60 Day Old Cases)
PDF	Word	SCCA608	Municipal Court Report Form SCCA (Caseload)
PDF	Word	SCCA272	Notice of Public Sale for Customer or Law Enforcement Ordered Repair/Tow (Sample Letter)
PDF	Word	SCCA270	Notice of Public Sale of Vehicle
PDF	Word	SCCA273	Notice of Public Sale Towed or Abandoned Vehicle/Property (For Posting)
PDF	Word	SCCA512	Notice of Right to Preliminary Hearing
PDF	Word	SCCA698	Notice of Trespass on DV Shelter
PDF	Word		NRVC Notice
PDF	Word	SCCA681	Order Access to Cemetery, Burial Ground or Grave
PDF	Word	SCCA683	Order Access to Cemetery, Burial Ground or Grave (In Response to Petition by Landowner)
PDF	Word	SCCA262	Order Appointing Payment fo Qualified Interpreter
PDF	Word	SCCA223B	Order for Destruction of Arrest Records
PDF	Word	SCCA628	Order for Mental Health Evaluation
PDF	Word	SCCA690	Order of Destruction/Notice of Post Seizure Hearing
PDF	Word	SCCA637	Order of Destruction/Notice of Post Seizure Hearing (Alcohol without Liquid Device)
PDF	Word	SCCA691	Order of Release
PDF	Word	SCCA503	Pending Civil Docket
PDF	Word	SCCA501	Pending Criminal Docket
PDF	Word	SCCA505	Pending Traffic Docket
PDF	Word	SCCA269	Petition and Affidavit for Discarded/Abandoned Vehicles/Property
PDF	Word	SCCA680	Petition and Motion for Access to Cemetery, Burial Ground, or Grave
PDF	Word	SCCA682	Petition and Motion for Access to Cemetery, Burial Ground, or Grave (for use by Landowner)
PDF	Word	SCCA692	Post Seizure Hearing Order
PDF	Word	SCCA509	Preliminary Hearing Notice
PDF	Word	SCCA263	Request for Payment of Qualified Interpreter
PDF	Word	SCCA513	Search Warrant
PDF	Word		Size and Weight Citation and Notice of Assessment
PDF	Word	SCCA661	Summons for Preliminary Injunction Hearing Landlord/Tenant
PDF	Word	SCCA506	Traffic Docket Disposed
PDF	Word		Uniform Traffic Ticket
PDF	Word		Westlaw Agreement
PDF	Word		Wildlife & Marine Resources Dept. Arrest Report and Trial Summons

A.
Accounting
	Financial Accounting Order	2007-03-13-01
Alcoholic Beverage Control Commission
	Summons - Filing	1978-09-13-01
	Summons - Retention Schedule	1978-09-13-01
Arrest Warrants
	Forms	1978-08-25-01
	Multiple Defendants	1984-02-24-01
	Multiple Offenses	1984-02-24-01

B.
Bail Bonds
	Acceptance by Judge	1980-11-14-01
	Approval by Employees of the Court	2009-06-10-01
	Monies Remittance to Treasurer	1979-10-31-01
	On Call Roster	2009-12-10-03
Bank Accounts
	Report to Court Administration	2007-03-13-01
	Required Use of	2007-03-13-01
Bench Warrants
	Endorsements	1980-11-14-01
Bond Hearing Procedures
	Bond Hearings in Municipalities which Extend into More than One County	2009-08-25-01
	Bonding Procedures	2007-09-19-01
	Cash in Lieu of Recognizance	2003-12-11-02
	Estreatments	2002-11-14-02
	Municipal Judge Territorial Jurisdiction	2008-01-31-01
C.
Cash Disbursements
	Prohibition of	2007-03-13-01
Cash in Lieu of Recognizance
	Deposits	2003-12-11-02
Checking Accounts
	Proper Use of	2007-03-13-01
	Required Use of	2007-03-13-01
Checklist for Magistrates and Municipal Judges
	Required Use of	2008-08-27-02
	Retention Schedule	2008-08-27-02
Chief Judges for Administrative Purposes of Summary Courts
	Appointment	2009-12-10-03
	Distribution of Cases	1979-10-31-01
	Hold at Least Quarterly Meetings	2009-12-10-03
	Report to Court Administration Information on Old Cases	2009-12-10-03
	Reporting Changes in Judges to Court Administration	2009-12-10-03
	Set Hours Magistrates Are to Be in Office	2009-12-10-03
	Set Terms of Court	2009-12-10-03
	Take Custody of Departing Judges Records	2009-12-10-03
Civil Cases
	Disposition of	1980-06-26-02
Concurrent Jurisdiction
	Judges Presiding Over Multiple Municipalities	2005-06-17-01
	Magistrates and Municipal Courts	1979-10-31-01
Continuance of Summary Court Cases When Arresting Officer on Military Duty		2007-08-27-01
Continuing Legal Education
	Requirements	1994-05-03-01
	Annual Mandatory Criminal Domestic Violence Training	2008-01-31-02
Court
	Hours of Operation	2008-12-16-01
	Priority Among	2008-12-16-01
Criminal Cases
	Disposition of	1980-06-26-01

D.
Deposits
	Information That Must Be on Deposit Slips	2007-03-13-01
	Times When Deposits Must Be Made	2007-03-13-01
Disposition of Cases
	Time Limitations	1980-06-26-01
		1980-06-26-02

E.
Endorsements
	Bench Warrants	1980-11-14-01
Estreatments
	Distribution of Handling Fee	2002-11-14-02

F.
Fees and Costs
	Reports to County Treasurer	2007-03-13-01
Filing
	Alcoholic Beverage Control Commission Summonses	1978-09-13-01
	Uniform Traffic Ticket	1978-09-13-01
	Wildlife and Marine Resources Department Summonses	1978-09-13-01

H.
Hours of Court
	Designated by Chief Summary Court Judge	2009-12-10-03

I.
Interest
	Interest Rate on Money Decrees and Judgment	2009-01-05-01
Interpreters
	Appointment for Deaf Persons	2004-05-20-01
	Appointment for Foreign Languages	2006-08-03-01
	Telephonic Foreign Language	2003-02-10-02

J.
Jurisdiction
	Bond Hearings in Municipalities which Extend into More than One County	2009-08-25-01
	Magistrates	1979-10-31-01
	Municipal Judges	1979-10-31-01
	Municipal Judge Territorial Jurisdiction	2008-01-31-01
Jury Trial
	Demand by Defendant	1985-04-17-01
	Juror use of Personal Communication Devices	2009-07-20-01

L.
Lawyer/Legislator Protection
	Protection	2001-05-17-01
Legal Education, Continuing
	Requirements	1994-05-03-01

M.
Magistrates
	Checks and Check Register	2007-03-13-01
	Concurrent Jurisdiction with Municipal Judges	1994-05-03-01
	Continuing Legal Education Requirements	1994-05-03-01
	Deposits	2007-03-13-01
	Disposition of Cases, Time Limits	1980-06-26-02
	Judges Presiding Over Multiple Municipalities	2005-06-17-01
	Municipal Judges, Serving as	1982-06-30-01
	Receipts, Use of	2007-03-13-01
	Reports to Treasurers	2007-03-13-01
	Traffic Tickets, Sign Off	1986-07-10-01

Municipal Court Judges
	Bail Bonds - Monies -- Remittance to Treasurer	1978-11-01-01
	Concurrent Jurisdiction with Magistrates	1979-10-31-01
	Continuing Legal Education Requirements	1994-05-03-01
	Disposition of Cases, Time Limits	1980-06-26-01
	Judges Presiding Over Multiple Municipalities	2005-06-17-01
	Magistrate Serving as	1982-06-30-01
	Summary Monthly Report	1982-06-25-01
	Traffic Tickets, Sign Off	1986-07-10-01
Municipal Judges
	Judges	2005-06-17-01

N.
Notice to Public
	Public Receipts	2007-03-13-01
Numbered Receipts
	Notice to Public of Requirements	2007-03-13-01
	Required Use of	2007-03-13-01

O.
On Call Roster
	On Call Roster	2007-09-19-01

P.
Pretrial Diversion Programs
	Authorization to Establish	2003-09-12-01
Priority Among Courts
	Priority Among Courts	SCACR 601

R.
Receipts
	Numbered, Required Use of	2007-03-13-01
	Posting of Required Sign	2007-03-13-01
Recognizance Bonds
	(For Detailed Listing See Bail Bonds)
Recordkeeping Procedures
	Account Maintenance - Alcoholic Beverage Control Commission Summonses	1978-09-13-01
	Account Maintenance - Checklist for Magistrates and Municipal Judges	2006-06-01-02
	Account Maintenance - Checks and Check Register	2007-03-13-01
	Account Maintenance - Cross-training	2007-03-13-01
	Account Maintenance - Deposits	2007-03-13-01
	Account Maintenance - Numbered Receipts	2007-03-13-01
	Account Maintenance - Receipts, Numbered	2007-03-13-01
	Account Maintenance - Remittance to the Treasurer	2007-03-13-01
	Account Maintenance - Uniform Traffic Tickets	1978-09-13-01
	Account Maintenance - Wildlife and Marine Resources Department	1978-09-13-01
	Retention Schedule/Account Maintenance
Reports to County Treasurer
	Fees and Costs in Civil Cases	2007-03-13-01
Reports to Court Administration
	Bank Accounts	2007-03-13-01
	Summary Monthly Reports	1982-06-25-01
Retention Schedules
	ABC Tickets	1978-09-13-01
	Bank Statements	2007-03-13-01
	Cancelled Checks	2007-03-13-01
	Checklist for Magistrates and Municipal Judges	2006-06-01-02
	Receipts	2007-03-13-01
	Traffic Tickets	1978-09-13-01
	Wildlife Tickets	1978-09-13-01
Rubber Stamps
	Signatures, Prohibited	1989-03-01-01

S.
Search Warrants
	Forms	1978-08-25-01
Signatures
	Use of Rubber Stamps Prohibited	1989-03-01-01
Statewide Case Management System		2009-09-15-01
Summary Monthly Reports
	Filing	1982-06-25-01
	Preparation	1982-06-25-01

T.
Treasurer
	Bail Bond Monies, Remittance to	1978-11-01-01

U.
Uniform Traffic Ticket
	Acceptance by Court	1981-02-09-01
		2002-02-08-01
	Filing	1978-09-13-01
	Forms, Required Use of	1981-02-09-01
	Retention by Court	1978-09-13-01
	Sign Off	1981-07-15-01
		1986-07-10-01

V.
Videoconferencing
	Specified Criminal Proceedings	2006-10-08-01
	Videoconferencing from Magistrate and Municipal Courts to Detention Facilities Statewide	2008-08-29-01

W.
Warrants
	Arrest - Forms, Required Use of	1978-08-25-01
	Arrest - Multiple Defendants	1984-02-24-01
	Arrest - Multiple Offenses	1984-02-24-01
	Bench - Endorsement of	1980-11-14-01
	Search - Forms, Required Use of	1978-08-25-01
Wildlife and Marine Resources Department
	Summons - Filing	1978-09-13-01
	Summons - Retention Schedules	1978-09-13-01

A.
Advisory Committee on Judicial Conduct
	Generally	1979-05
	Political activity	1980-02
		1982-04
Arrest Warrants
	Bail Bond Hearings	1978-07
	Minor as Affidant	1978-01
	Multiple Defendants	1997-01
	Photocopies of Arrest Warrants; Lost Warrants	2007-02
	Retention	1996-03
	Supplemental to Uniform Traffic Ticket	1983-01
	Transmittal Procedures	1979-02 1978-07 1982-01

B.
Bail Bonds
	Concurrent Jurisdiction to Set	1979-04
	Forfeiture, Driver's Licenses	1990-02
	Forms, Use of	1982-03
	Hearings, Arrest Warrants at	1978-07
	Jurisdiction	1979-04
	Jury Trials, Amendment Decause of Request for	1981-02
	Non-Bondable Offenses	2007-01
	Posting of Bond by Attorneys	2009-09
	Requested Minimum Bonds	2008-04
Bank Accounts
	Generally	1980-08
	Reporting to Court Administration	1980-08
	Separate	1977-02
Bench Warrants
	Endorsement	1980-09
	Form	1978-08
Bonds, Bail
	See Bail Bonds for detailed listing)
Bonds, Performance
	Employees of Magistrates	1978-05
	Magistrates	1978-05
Bonds, Procedure		2007-05

C.
Candidates for Non-Judicial Office
	Magistrates	1978-03
Cases, Disposition of
	Civil	1980-06
	Criminal	1980-06 1982-01
Cash
	Disbursements, Prohibited	1980-08
Certificates of Transmittal
	Clerks Not to File Warrants Without	1981-03
	Procedure for Using	1979-02 1978-07 1981-03 1982-05
	Retention	1996-03
Chemical Analysis and Chain of Custody
	Generally	1982-08
Chief Judges for Administrative Purposes of the Summary Courts
	Duty Roster, Chief Judge's Responsibility	1979-01
	Duty Roster, Filing With Court Administration	1979-03
	Duty Roster, Preparation of	1979-01
Circuit Courts
	Transfer of Civil Cases From	1980-07
Civil Actions
	Dismissal, Neglect of Plantiff	1978-04
	Transfer From Circuit Court	1980-07
Claim and Delivery
	Limitation on Seizure of Household Goods	1986-01
Code of Judicial Conduct
	Advisory Committee On	1979-05
	Applicability, Candidate for Non-Judicial Office	1978-03
	Political Activity	1980-02 1982-04
Counsel, Right To
	Generally	1980-03
Counterclaims		2004-01
Court Business Hours		2009-08
Court Interpreters		2009-01
Courtesy Summons Procedure		2008-02
Criminal Domestic Violence
	Batterer Treatment Programs	2008-01
D.
Deaf, Interpreters for
	Generally	1990-01
Defense of Indigents
	Counsel, Right to	1980-03
	Forms to Be Used	1977-05
Delays in Disposal of Magistrate and Municipal Court Cases		2008-03
Disposition of Cases
	Civil	1980-06
	Criminal	1980-06 1982-01
	Reports to Court Administration	1982-01
Domestic Abuse, Protection From, Act
	Protection	1986-02
Drivers License
	No Drivers License in Possession	2002-01
Drug Fines
	Distribution	1995-02
Duty Rosters
	Filing with Court Administration	1979-03
	Generally	1979-01
	Monthly Filing	1979-03

E.
Evidence
	Chemical Analysis and Chain of Custody	1982-08

F.
Failure to Appear
	Criminal Penalties	1981-01
	NRVC, Distinguished From	1981-01
Financial Recordkeeping
	Cash Disbursements Prohibited	1980-08

G.
Gambling Devices		2006-03

H.
Harassment, Stalking, and Aggravated Stalking
	Generally	1995-01
Hearing Courts
	City or County Administrative Hearing Courts	2009-03
Hours of Operation		2009-08
Household Goods
	Limitations on Seizure, Claim and Delivery	1986-01

I.
Implied Consent Hearings
	Unconstitutionality of	1983-02
Indigents, Defense of
	Counsel, Right to	1980-03
	Forms to Be Used	1977-05
Intermingling of Funds
	Private and Public, Prohibited	1977-02
Interpreters, Court		2009-01
Interpreters for the Deaf
	Generally	1990-01

J.
Judgments
	Interest on	1982-09
	Vacating, No Authority to	1978-02
Judicial Conduct
	Advisory Committee on	1979-05
	Political Activity	1980-02 1982-04
Jurisdiction
	Concurrent	1979-04
	Juveniles, Lack of	1982-02
Jurors
	Jurors Use of Personal Communication Devices	2009-07
	Voir Dire Examinations	1980-04
Jury Trials
	Selection Procedure	1980-05
Juveniles
	Jurisdiction, Lack of	1982-02

M.
Magistrates
	Municipal Judges, Serving as	1982-07
Minors
	Arrest Warrants, Affiants	1978-01
Mobile Homes
	Derelict or Abandoned	2007-03
Municipal Judges
	Court Costs and Assessments	1985-01
	Jurisdiction, Concurrent with Magistrates	1979-04
	Magistrates Serving as	1982-07

N.
Nolle Prosse
	Process for the Nolle Prosequi of Tickets	2007-06
Non-Resident Violator Compact
	Failure to Appear Criminal Offense, Distinguished From	1981-01
	Procedure for Signing Off Tickets	1995-03
	Retention	1996-03
Notice
	Preliminary Examination, Request for	1982-10

O.
Orders of Release
	Amending	1977-03
ORI
	Numbers	1996-01

P.
Political Activity
	Prohibition of	1980-02 1982-04
Preliminary Examination
	Notice of	1982-10
	Procedure	1982-10
	Removal, for Dismissal Purposes	1980-01
	Request for	1982-10
Protection From Domestic Abuse Act
	Procedure	1986-02
	Protection	1986-02

R.
Receipts
	Multiple Defendants	1978-06
Remand
	Preliminary Examinations, for Dismissal	1980-01
Reports
	Summary Court, Filing with Court Administration	1982-06
Retention Schedules
	Alcohol and Beverage Control Commission summons and Arrest Report	1996-03
	Appeals	1996-03
	Arrest Warrants	1996-03
	Banking Records	1996-03
	Bonds to Fines Report	1996-03
	Case Files (Criminal and Traffic)	1996-03
	Certificates of Transmittal of Civil Cases	1996-03
	Certificates of Transmittal of Criminal Cases	1996-03
	Civil Case Files	1996-03
	Civil Monthly Disbribution Reports	1996-03
	Courtroom Proceedings - Cassette Tapes	1996-03
	Criminal Cases More Than 60 Days Old	1996-03
	Department of Health and Environmental Control (DHEC) Arrest and Summons Report	1996-03
	Disposed Court Dockets (Criminal, Civil, Traffic)	1996-03
	Final Disposition Report	1996-03
	General Sessions Files	1996-03
	Jury Summons	1996-03
	Jury Venire List	1996-03
	Local Correctional Facilities Transmittal Report	1996-03
	Monthly Financial Reports	1996-03
	Municipal Court Monthly Reports	1996-03
	Non-Resident Violator Compact Form (NRVC)	1996-03
	Non-Resident Violator Compact Form (NRVC) Log Book	1996-03
	Offical Summons of the Wildlife and Marine Resources Department	1996-03
	Receipts	1996-03
	SC Criminal Justice Academy	1996-03
	SC Department of Highways and Public Transportation (SCDHPT) Transmittal Form	1996-03
	SC Wildlife Department Reports	1996-03
	Search Warrant	1996-03
	Search Warrant Log Books	1996-03
	State Fee Reports	1996-03
	State Law Enforcement Division (SLED) Monthly Reports	1996-03
	Uniform Traffic Tickets	1996-03
	Warrant Duplicate Books	1996-03
	Warrant Stub Books	1996-03
Rubber Stamps
	Signatures, Prohibited	1996-02
Rules of Court
	Rule 2, Criminal Procedure	1982-10
	Rule 3, Criminal Procedure	1983-01 1979-02 1982-05
	Rule 405, Appellate Court Rules	1992-01
	Rule 5, Criminal Procedure	1982-10
	Rule 501, Appellate Court Rules	1978-03 1980-02 1982-04
	Rule 503, Appellate Court Rules	1979-05
	Rule 6, Criminal Procedure	1982-08
	Rule 78, Civil Procedure	1978-07

S.
Salaries, County		2009-02
Scheduled Time Payments
	Uniform Traffic Tickets, Notation on	1995-03
Search Warrrants
	Records	1977-01
	Retention	1996-03
Seizure and Destruction of Illegal Gaming Devices		2007-04
Signatures
	Rubber Stamp, Prohibited	1996-02
Signing Off Traffic Ticket
	Generally	1995-03
	Process for the Nolle Prosequi of Tickets	2007-06
Size and Weight Violations
	Citation Form and Transmittal	1991-01
Solicitors
	Preliminary Examinations, Removal for	1980-01
	Remand for Preliminary Examination	1980-01
Stalking, Harassment and Aggravated Stalking
	Generally	1995-01
Summary Court Report Forms
	Requirements	1982-06

T.
Transmittal, Certificates of
	Clerks Notto File Warrants Without	1981-03
	Procedure for Using	1979-02 1978-07 1981-03 1982-05
	Retention	1996-03

U.
Unauthorized Practice of Law
	Generally	1992-01
Uniform Traffic Ticket
	Arrest Warrant, Supplemental, Not Needed	1983-01
	Filing With Magistrate	1981-02
	Notation of Rate of Speed	1984-02
	Process for the Nolle Prosequi of Tickets	2007-06
	Signing Off	1995-03

V.
Vacation of Judgments
	Authority, Lack of	1978-02
Voir Dire Examination
	Jurors	1980-04

W.
Warrants, Arrest
	Bail Bond Hearings	1978-07
	Minors as Affiant	1978-01
	Multiple Defendants	1997-01
	Retention	1996-03
	Supplemental to Uniform Traffic Ticket	1983-01
	Transmittal Procedures	1979-02 1978-07 1981-03 1982-05

Magistrates Court Rules

	SCOPE & PURPOSE
1	DEFINITIONS
2	APPLICATION OF STATUTORY LAW AND CIRCUIT COURT PRACTICE IN ABSENCE OF RULE
3	COMPUTATION OF TIME PERIODS
4	FILING CIVIL ACTION; ACTION AGAINST CORPORATION; LONG ARM STATUTE
5	COMPLAINT
6	SUMMONS; SERVICE
7	ANSWER AND COUNTERCLAIM; TIME FOR FILING
8	DELIVERY AND FILING OF PLEADINGS AND OTHER PAPERS
9	COUNTERCLAIM
10	TRIAL DATE; NOTICE; FAILURE TO ANSWER
11	DEFAULT JUDGMENT; DISMISSAL OF ACTION; DAMAGES
12	RELIEF FROM JUDGMENT OR ORDER
13	CONDUCT OF TRIAL; JURY TRIALS; WITNESSES; SUBPOENAS
14	AMENDMENT OF COMPLAINTS, ANSWERS, AND COUNTERCLAIMS; CONTINUANCES
15	EXCHANGE OF INFORMATION BETWEEN PARTIES; SETTLEMENT
16	DIRECTED VERDICT; JUDGMENT NOTWITHSTANDING THE VERDICT
17	COSTS; NOTICE OF JUDGMENT; ENFORCEMENT
18	APPEALS
19	NEW TRIAL; AMENDMENT OF JUDGMENTS
20	OFFER OF JUDGMENT; CONSEQUENCES OF NON-ACCEPTANCE
21	BUSINESS REPRESENTATION
22	ARGUMENTS ON MOTIONS AND AT TRIAL
23	SUBPOENAS
24	FORMS

PDF	Word	Form ID	Form Title
PDF	Word	SCCA402CP	Affidavit of Service
PDF	Word	SCCA630	Complaint and Motion for Access to Commercial Rental Property
PDF	Word	SCCA405CP	Motion and Affidavit to Proceed In Forma Pauperis
PDF	Word	SCCA420	Motion of Affidavit for Emergency Hearing
PDF	Word	SCCA423	Order #2 - Protection from Domestic Abuse
PDF	Word	SCCA632	Order - Access to Commercial Rental Property
PDF	Word	SCCA631	Summons (Access to Commercial Rental Property)
PDF	Word		Summons (Protection from Domestic Abuse Act)

Adobe Acrobat Format (.pdf)

General (2.9 MB)

Civil (323 KB)

Criminal (334 KB)

Crimes and Offenses (348 KB)

Traffic Section (1 MB)