How South Carolina's Court System Works and Where Your Case Goes
South Carolina has three levels of courts, and where your case starts depends on what kind of dispute it is and how much money is involved
South Carolina's court system is built in layers. At the bottom are magistrate courts, which handle small claims and minor disputes. In the middle are circuit courts, which handle larger civil cases, family law, and criminal matters. At the top is the South Carolina Supreme Court, which reviews decisions from lower courts when someone believes the law was applied incorrectly. Most people never reach the Supreme Court—their case ends in circuit court or is resolved before trial.
Understanding which court handles your type of case matters because it determines which judge will hear it, what rules apply, how long it takes, and whether you can appeal. A family law case about custody goes to circuit court, not magistrate court. A contract dispute over $3,000 might start in magistrate court, while one over $30,000 starts in circuit court. Knowing the right court saves time and money.
Key Takeaways
- Magistrate courts handle cases under $7,500, small claims, evictions, and minor criminal charges; they are the fastest and least formal option.
- Circuit courts handle family law (divorce, custody, child support), larger civil disputes, and serious criminal cases; they are organized by county and require more formal procedures.
- The South Carolina Supreme Court only reviews cases when someone argues that a lower court misapplied the law, not to retry the facts.
- Your county's circuit court clerk's office can tell you which court handles your type of case and what forms and fees you need.
- Most civil cases settle before trial, but understanding the court structure helps you know what to expect if yours does not.
Magistrate Courts: Small Claims and Quick Decisions
Magistrate courts are the entry point for smaller disputes. They handle civil cases where the amount in dispute is $7,500 or less, eviction cases, and minor criminal charges (misdemeanors). There is one magistrate court in each county, sometimes with multiple magistrates working in the same office. The process is informal—you do not need a lawyer, and the magistrate will often explain what you need to prove.
Cases in magistrate court move faster than in circuit court because the rules are simpler and the docket is smaller. You can file a small claims case yourself by filling out a form at the magistrate's office, paying a filing fee (which varies by county but is typically under $100), and serving the other person with notice. The magistrate will set a hearing date, usually within a few weeks. If you win, the magistrate issues a judgment, and if the other person does not pay, you can ask the court to help you collect.
One limit: magistrate court judges cannot hear family law cases like divorce or custody disputes, even if the amount of money involved is small. Those always go to circuit court.
Circuit Courts: Family Law, Larger Disputes, and Serious Crimes
Circuit courts are the main trial courts in South Carolina. There are 16 judicial circuits, each covering one or more counties. Circuit courts handle divorce, custody, child support, adoption, and other family law matters. They also hear civil cases over $7,500, contract disputes, personal injury lawsuits, and serious criminal charges (felonies). If you lose in magistrate court and want a new trial, you can appeal to circuit court.
Circuit court cases are more formal than magistrate court. You file a complaint or petition with the circuit court clerk's office, pay a filing fee (typically $200 to $400, depending on the case type), and serve the other person with a copy. The other person then has time to respond. Before trial, both sides exchange documents and information—a process called discovery. Most cases settle during this phase. If a case goes to trial, a judge or jury hears evidence and decides the outcome.
Family law cases in circuit court follow specific rules and timelines. For example, in a divorce, South Carolina requires a waiting period of at least three months before the court can grant the divorce. Custody cases have their own procedures, and child support is calculated using state guidelines. The circuit court clerk or a family law mediator can explain what forms you need and what the process looks like for your type of case.
The South Carolina Supreme Court: Reviewing Legal Errors
The South Carolina Supreme Court is the highest court in the state. It does not retry cases or hear new evidence. Instead, it reviews decisions from circuit courts (and sometimes magistrate courts) to decide whether the lower court applied the law correctly. If you believe a circuit court judge made a legal mistake—not just a decision you disagree with, but an error in how the law was interpreted or applied—you can ask the Supreme Court to review the case.
To reach the Supreme Court, you file an appeal with the circuit court clerk within a set time after the judgment (usually 30 days). You must explain in writing why you believe the lower court's decision was wrong. The Supreme Court receives hundreds of appeals each year but accepts only a small fraction for review. If the Supreme Court agrees to hear your case, both sides submit written arguments, and the justices may or may not hold oral arguments. The Supreme Court's decision is final—there is no higher court in South Carolina.
How Cases Move Through the System
A typical civil case follows this path: you file a complaint in the correct court (magistrate or circuit, depending on the amount and type of dispute). The other person is served with a copy and has time to respond. Both sides exchange information and documents. Many cases settle at this point. If the case does not settle, it goes to trial. A judge or jury hears evidence and decides who wins. If you lose and believe the judge made a legal error, you can appeal to the circuit court (if you started in magistrate court) or to the Supreme Court (if you started in circuit court).
Family law cases follow a similar structure but with additional requirements. For divorce, you file a complaint, serve your spouse, and wait the three-month waiting period. During that time, you may work out agreements about property, custody, and support, or the court will decide those issues. Custody cases can take longer because the court must investigate what is in the child's best interest.
Criminal cases move differently. The state (through the district attorney's office) brings charges. You have the right to a lawyer—if you cannot afford one, the court will appoint a public defender. You can plead guilty, plead not guilty and go to trial, or negotiate a plea agreement with the prosecutor. If you are convicted and believe the judge made a legal error, you can appeal.
Where to Find Your Local Court and File Your Case
Every county in South Carolina has a circuit court clerk's office. The clerk's office is where you file documents, pay fees, and get information about court procedures. You can find your county's clerk's office online by searching "[your county] South Carolina circuit court clerk" or by calling your county courthouse. The clerk's staff can tell you which court handles your type of case, what forms you need, what the filing fee is, and how to serve the other person.
If you need legal advice—help deciding whether to file a case, what to argue, or how to represent yourself—the clerk's office cannot provide that. But many counties have legal aid organizations, law school clinics, or bar association referral services that offer free or low-cost help. The South Carolina Bar's website has a lawyer referral tool, and you can also call 211 to find local legal resources.
Understanding Court Rules and Procedures
Each level of court follows its own set of rules. Magistrate court rules are simpler and more flexible. Circuit court follows the South Carolina Rules of Civil Procedure for civil cases and the South Carolina Rules of Criminal Procedure for criminal cases. These rules cover things like how to file documents, how much time each side has to respond, what information must be exchanged before trial, and how trials are conducted.
You do not need to memorize the rules, but knowing they exist helps you understand why the court clerk asks for certain documents or why the other side has 30 days to respond instead of 10. If you are representing yourself, the clerk's office can point you to the rules and forms you need. Many courts also have self-help centers or websites with plain-language guides to common procedures.
Frequently Asked Questions
What is the difference between a civil case and a criminal case?
A civil case is a dispute between two people or organizations—for example, a contract disagreement or a custody dispute. A criminal case is brought by the state against a person accused of breaking the law. In civil court, the person who loses pays money. In criminal court, the person convicted faces jail time, fines, or probation. Different rules and procedures apply to each.
Do I need a lawyer to file a case in South Carolina courts?
No. You have the right to represent yourself in civil cases. In criminal cases, if you cannot afford a lawyer, the court will appoint a public defender. However, representing yourself is difficult—court rules are complex, and mistakes can cost you the case. Many people find it worth the cost to hire a lawyer, or at least to get advice from one before filing.
How long does a typical case take from filing to judgment?
Magistrate court cases usually resolve within two to four months. Circuit court civil cases typically take six months to two years, depending on how complicated they are and whether they settle before trial. Family law cases vary widely—a simple divorce with no disputes might take four to six months, while a contested custody case can take a year or more.
What happens if I disagree with a magistrate's decision?
You can appeal to circuit court and ask for a new trial. You must file the appeal within 30 days of the magistrate's judgment. In circuit court, the case starts over—the judge hears all the evidence again and makes a new decision. This is called a de novo appeal. You do not have to prove the magistrate was wrong; you simply get a fresh hearing.
Can I appeal a circuit court decision to the Supreme Court?
You can ask the Supreme Court to review a circuit court decision, but the court does not have to accept your case. You must file a notice of appeal within 30 days and explain why you believe the judge made a legal error. The Supreme Court receives far more appeals than it can hear, so it accepts only cases that raise important legal questions or where the lower court's decision conflicts with prior rulings.