Highest Court
The highest court in South Carolina is the Supreme Court of South Carolina. The Supreme Court consists of 5 justices. It has jurisdiction over (1) Appeals from circuit and family court. (2) Death penalty. (3) Public utility rates. (4) Significant constitutional issues. (5) Public bond issues. (6) Elections. (7) Certiorari from Court of Appeals. (8) Appeals from Masters-in-Equity ( if consent as final judgment).
General Courts
Family courts
The Family Court consist of 60 judges.
It has jurisdiction over (1) Exclusive jurisdiction in domestic and juvenile.
Circuit Court
The Circuit Court consist of 51
judges. It has jurisdiction over (1) Common pleas (civil) General Sessions
(criminal)
No jury trials are overseen by this
court.
Masters-in-Equity
The Circuit Court consist of 21
judges. It has jurisdiction over (1) References from Circuit Court.
Limited Courts
Magistrate Court
The Magistrate Court consists 311
magistrates. It has jurisdiction over (1) Civil to $7,500.(2) Criminal
to 30 days, $500, or both.
Municipal Courts
The family courts consists of 378
judges. It has jurisdiction over (1) Criminal up to 30 days, $500, or both.
Probate Courts
The Traffic courts consists of 46
judges. It has jurisdiction over (1) Administration of estates. (2) Mental
Commitments.
Additional Information
Procedure when justice cannot
preside in cause; special justices
In a situation that all or some
of the Supreme Court Justices are disqualified or for some reason prohibited
from presiding in any case, the Governor of South Carolina shall commission
the needed people educated in the law for the trial. (S.C. Code Section
14-3-60)
Messenger and attendant.
The Supreme Court shall appoint
and assign the duties to a court messenger and a court attendant for a
term of four years. (S.C. Code Section 14-3-110)
Power of individual justices
at chambers; appeal
The justices of the Supreme Court
have the same power at chambers as in open court concerning the administration
of oaths, writs of habeas corpus, mandamus, quo warranto, certiorri,
prohibition, interlocutory writs, and orders of injunction. (S.C. Code
Section 14-3-350)
Equity courts
The equity court is a division of
the circuit court and is presided over by the master-in-equity. The
master-in-equity is entitled to all the benefits and subject to all the
requirements of the South Carolina Bar and rules of the Supreme Court.
(S.C. Code Section 14-11-15)
General duties
The Master-in-Equity as the circumstances
or courts shall allow regarding equitable relief. The sales shall
be at the county courthouse or at such other public places in the county
designated in the notice of sale. (S.C. Code Section 14-11-80)
Clerk of court of common pleas
to be clerk of all courts of record.
The clerk of the court of common
pleas elected in each county pursuant to Section 14-17-10 is ex officio
clerk of the court of general sessions, the family court, and all other
courts of record in the county except as may be provided by the law establishing
the other courts. (S.C. Code Section 14-17-20.
