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South Carolina Court Records Online

Are Court Records in South Carolina Open to the Public?

Yes, South Carolina court records are open to the public as defined by Title 30 Chapter 3 of the South Carolina Code of Laws. This law, also known as the state's Freedom of Information Act (FOIA), stipulates that all documentary materials owned, prepared, used, or retained by a public body are considered public records. Members of the public have the right to inspect and copy these records. To receive the records, requesters must provide specific information such as the names of the parties involved or the case number. Additionally, a valid government-issued photo ID and payment of any applicable fees may be required.

What Information Appears in a South Carolina Court Records Search?

  • Case information
  • Judgment records
  • Dockets
  • Court documents related to the case
  • Details of each court hearing
  • Names of parties involved
  • Dates and times of filings
  • Case type and status

How To Find Court Records in South Carolina

To obtain court records in South Carolina, the first step is identifying the appropriate court. The state has Trial Courts, which include Circuit, Family, Probate, Magistrate, and Municipal Courts, and Appellate Courts, which consist of the Supreme Court and Court of Appeals. Once the relevant court is identified, contact the record custodian.

Appellate court records are maintained by the Clerk of the Supreme Court and the Clerk of the Court of Appeals, while Trial Court records are maintained by the respective Clerks of Court in each county. Requesters must provide information such as the case number or names of the parties involved. Fees for obtaining records vary by county, and identification may be required.

For Appellate Court records, contact:

  • Clerk of the Supreme Court, 1231 Gervais Street, Columbia, SC 29201, Phone: (803) 734-1080
  • Clerk of the Court of Appeals, 1220 Senate Street, Columbia, SC 29201, Phone: (803) 734-1890

Public Access to South Carolina Court Records

South Carolina provides online access to court records through its Case Search and Search Opinions portals. These portals allow the public to perform name-based or case number-based searches to access trial and appellate court records.

Searching South Carolina Court Records by Name

To search for South Carolina court records by name, visit the South Carolina Judicial Department's Public Index. On the website, select the county and proceed to the case search page. Enter the full or partial name of any of the parties in the "Party Name" field. Additional details such as case type or case number can also be entered to refine the search. Click the "Search" button to generate a list of related cases, displaying essential details such as case number, filing date, party names, and case type.

How To Access Court Records Online for Free in South Carolina

To access court records online for free, use the South Carolina Judicial Department's Public Index site or visit a county court to use public terminals. Court staff can assist in locating records of interest. Note that certain records, such as classified, sealed, expunged, or juvenile cases, are not available remotely.

Some third-party websites also offer access to court records, often at a low cost. These platforms may provide a broader range of information than state-owned repositories but are not government-sponsored entities.

Exemptions for South Carolina Court Case Lookup

Certain court records are exempt from public disclosure, including:

  • Juvenile records
  • Expunged records
  • Divorce records
  • Child custody records
  • Civil harassment cases

In cases of high public interest, a judge may allow remote online access to criminal records. Typically, individuals must visit the courthouses where cases were filed to access restricted records. Authorized access may be granted to:

  • Parties to a case
  • Legal aid staff
  • Party attorneys
  • Authorized individuals by a party
  • Presiding court-established third parties
  • Government officials performing their duties

Finding a Court Docket in South Carolina

To find a court docket in South Carolina, visit the court clerk's office where the case was filed. The docket includes a chronological list of all documents filed in the case, such as pleadings, motions, orders, and judgments. It is a public record maintained by the court clerk and is useful for tracking the progress of a case.

Attorneys and litigants use the docket to prepare for court appearances, track deadlines, and ensure all necessary documents have been filed. Requesters must provide case-identifying information and may need to pay a fee for copies.

What Information Is Found in South Carolina Judgment Records?

  • Court's determination of a lawsuit
  • Specific issues adjudicated
  • Remedies awarded or penalties imposed
  • Case number
  • Names of the parties involved
  • Date of judgment
  • Court docket entry

A judgment becomes official when filed by the clerk of court and is public information under the South Carolina Freedom of Information Act. Requesters must provide case-identifying information and pay associated fees to obtain copies.

Are Bankruptcy Records in South Carolina Publicly Accessible?

Yes, South Carolina bankruptcy records are publicly accessible. These records provide financial information about debtors unable to repay creditors. To receive the records, requesters must provide details such as the case number, case name, creditor and debtor names, filing date, and jurisdiction. Identification and payment of applicable fees may also be required.

How To Search Bankruptcy Records in South Carolina

To search for bankruptcy records in South Carolina, identify the court where the case was filed. The state has three bankruptcy courts. Requesters can access records through the PACER platform by creating an account and logging in. Alternatively, visit the Clerk of Court's office in the district where the case was filed and submit a written request with payment of a minimal fee.

Certain bankruptcy records may not be available online and may require visiting the Clerk of County's office. Requesters must provide case-specific details and may need to pay additional fees for notarization or certification.

Different Types of Courts in South Carolina

  • Supreme Court: Highest authority, handles constitutional challenges and issues between state agencies.
  • Court of Appeals: Intermediate appellate court.
  • Circuit Court: Handles civil and criminal cases, and appeals from lower courts.
  • Family Court: Handles domestic relations, such as child custody and divorce.
  • Probate Court: Manages estates, conservatorships, and guardianships.
  • Magistrate Court: Handles minor criminal cases and civil cases under $7,500.
  • Municipal Court: Manages traffic violations and misdemeanors within city limits.

Understanding the Differences Between Civil and Small Claims Courts in South Carolina

The South Carolina Circuit Courts have general jurisdiction over all civil matters in the state. Small Claims Courts, divisions of Magistrate Courts, have limited jurisdiction over civil matters where the amounts in controversy do not exceed $7,500.

The procedure in Small Claims Courts is simpler, less expensive, and less formal than in other courts. Parties involved typically do not need attorneys, though seeking legal advice before filing a small claims case is advisable.

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