South Carolina Court Types

Circuit Courts have general jurisdiction over all civil and criminal cases, but typically only handle cases that are beyond the jurisdiction of other courts.

Circuit Courts are divided into two main divisions. The Court of Common Pleas division handles civil cases, and the Court of General Sessions division handles criminal cases.

Criminal cases heard by the General Sessions division include felonies and some misdemeanors. Some Circuit Courts may have a subdivision of the General Sessions division for prosecution of first offense charges related to domestic violence.

Civil cases heard by Circuit Courts include most general civil claims for more than $7500. Circuit Courts share civil jurisdiction with Magistrate Courts over certain types of general civil claims for less than $7500, including contract claims, damages to real or personal property, penalties or fines or forfeitures, attachment of property for debts. Circuit Courts also share jurisdiction with Magistrate Courts for certain types of cases without financial limits on claims, including some landlord-tenant cases, some bonds, confessions of judgment, interpleader and cases involving rented personal property. Civil cases with counterclaims beyond the jurisdictional limits of a Magistrate Court will be transferred to Circuit Court.

Some Circuit Courts have a Business Court division that handles certain complex business or commercial cases.

Circuit Courts also handle some domestic relations cases, including annulments, divorce, and related child custody, child support and alimony cases. A Circuit Court may transfer domestic relations cases to Family Court.

Circuit Courts share jurisdiction with Probate Courts over several types of cases, including cases that involve a power of attorney and cases requesting the approval of settlements in wrongful death cases or the approval of settlements of claims for less than $10,000 in favor or against a minor or incapacitated person. Circuit Courts have exclusive jurisdiction to approve settlements of claims for more than $10,000 in favor or against a minor or incapacitated person.

Circuit Courts also have jurisdiction over formal proceedings for the probate of wills and appointment of personal representatives, the construction of wills, disputes over title to real estate, trusts, jury trials when the amount in dispute is more than $5,000, and cases related to the South Carolina Uniform Gifts to Minors Act. If part of a probate case is removed to Circuit Court, the Probate Court will generally continue to have jurisdiction over the remaining parts of the case.

Magistrate Courts have jurisdiction over certain types of civil and criminal cases. Magistrate Courts may be referred to as "Summary Courts."

Criminal cases heard by Magistrate Courts include preliminary hearings for most criminal cases and criminal cases punishable by limited fines or short terms of incarceration. Cases typically heard by Magistrate Courts include fraudulent checks, shoplifting, some cases involving assault or battery or breach of the peace, petty larceny, larceny involving less than $1000, receiving stolen goods and false pretenses. Some Magistrate Courts will handle municipal ordinance violations with the agreement of a municipality.

Civil cases heard by Magistrate Courts include most general civil claims for less than $7500, including contract claims, damages to real or personal property, penalties or fines or forfeitures, attachment of property for debts. Magistrate Courts also handle certain types of claims without financial limits, including some landlord-tenant cases, some bonds, confessions of judgment, interpleader and cases involving rented personal property.

Magistrate Courts do not have jurisdiction over most civil cases when the State is a party and most cases that involve disputes over title to real estate. Civil cases with counterclaims beyond the jurisdictional limits for Magistrate Court are transferred to Circuit Court.

Magistrate Courts share jurisdiction with Family Courts over some cases involving juvenile violations of traffic, fish, game or watercraft ordinances. Magistrate Courts have jurisdiction over requests for domestic abuse protection orders if the Family Court is closed or not in session.

Family Courts have jurisdiction over most domestic relations cases, most juvenile cases, some mental health cases and most domestic violence abuse protection cases.

Cases typically handled by a Family Court include divorce, legal separation, annulment, child custody, child visitation, child support, alimony, division of marital property, domestic abuse protection orders, foster care, termination of parental rights, guardianship of a minor, adoption and name changes.

Family Courts handle most cases involving child custody. Circuit Courts share jurisdiction over annulments and divorce cases, including related matters such as child custody, child support and alimony. Circuit Courts may transfer cases to Family Courts.

Family Courts have exclusive jurisdiction over child neglect, child abandonment, children beyond the control of their parent or custodian and most cases involving juveniles alleged to have violated a state or local law or municipal ordinance. Juvenile delinquency cases handled by a Family Court include most violations of state law or municipal ordinances, although juvenile traffic and hunting violations may be handled by Magistrate Courts or Municipal Courts. Some criminal cases will be transferred to Circuit Court for prosecution of a juvenile as an adult.

Family Courts share jurisdiction with Probate Courts over certain types of cases, including paternity, common-law marriage and some marital agreements, to the extent that these cases are related to pending Probate Court cases involving estates, trusts, guardianships, or conservatorships.

Family Courts have jurisdiction over the treatment and commitment of children with serious mental health issues, but this jurisdiction is limited to the extent it conflicts with Probate Court jurisdiction over mental health cases.

Magistrates have jurisdiction over requests for domestic abuse protection orders if the Family Court is closed or not in session.

Probate Courts generally handle probate matters such as wills, estates and trusts. Probate Courts also handle guardianships, conservatorships and involuntary commitments. Probate Courts share some jurisdiction over certain types of cases with Circuit Courts and Family Courts.

Circuit Courts share jurisdiction with Probate Courts over several types of cases, including cases that involve a power of attorney and cases requesting approval of settlements in wrongful death cases or the approval of settlements of claims for less than $10,000 in favor or against a minor or incapacitated person. Circuit Courts have exclusive jurisdiction to approve settlements of claims for more than $10,000 in favor or against a minor or incapacitated person.

In some circumstances, a Circuit Court will exercise jurisdiction over certain types of probate cases, including formal proceedings for the probate of wills and appointment of personal representatives, the construction of wills, disputes over title to real estate, trusts, jury trials when the amount in dispute is more than $5,000 and cases related to the South Carolina Uniform Gifts to Minors Act. If part of a probate case is removed to Circuit Court, the Probate Court will generally continue to have jurisdiction over the remaining parts of the case.

Family Courts share jurisdiction with Probate Courts over certain types of cases, including paternity, common-law marriage and some marital agreements, to the extent that these cases are related to pending Probate Court cases involving estates, trusts, guardianships, or conservatorships.

Family Courts have jurisdiction over the treatment and commitment of children with serious mental health issues, but this jurisdiction is limited to the extent it conflicts with Probate Court jurisdiction over mental health cases.

Municipal Courts are created by municipal councils and have limited jurisdiction over certain types of criminal offenses.

Some cities and towns have voted for municipal ordinances to be heard in Magistrate Courts or through a contract with a County Magistrate. Both Municipal Courts and Magistrate Courts are referred to as "Summary Courts," but Municipal Courts handle fewer types of cases than Magistrate Courts.

Criminal cases heard by Municipal Courts include municipal code violations and certain criminal offenses. Municipal Courts are limited in the amounts of fines and incarceration the court can impose. Municipal Courts may handle some criminal cases with a potential penalty of incarceration for up to a year.

Municipal Courts have no jurisdiction over civil cases.

Municipal Courts share jurisdiction with Family Courts over juvenile violations or traffic, fish, game or watercraft ordinances.