Accessibility in the SC Court System

In our court system, there are federal courts and state courts. In this guide we are only focusing on South Carolina courts.  In South Carolina there are different types of courts that handle different things.  These courts are organized in different levels with the Supreme Court as the highest court in South Carolina.  In the graphic below we show all the courts and the four levels they fall into.

Probate Courts

You may interact with a probate court if you apply for a marriage license, need to process a will, request a guardianship, and for involuntary mental health commitments. It can also hear matters about trusts and powers of attorney. Each county in South Carolina has a probate court.

Municipal Courts

Each city/township may have a municipal court. It hears cases involving local ordinances and minor offenses (like traffic tickets). Municipal courts have authority over cases arising under ordinances of the city/township, and over all offenses that occur within the city/township which are subject to a fine not exceeding $500.00 or imprisonment not exceeding 30 days.

Fun Fact: Cities are not required to have a municipal court and some cities have specialty courts such as drug court.

Magistrate Courts

The magistrate court is a county court. It hears the same type of cases as the municipal court, but on a county level. Minor criminal matters as well as small claims can go before the magistrate court.

Fun Fact: Magistrate judges are appointed by the governor

Masters-In-Equity

Some counties have a Master-in-Equity court. It is the primary court that hears foreclosures and holds tax sales. Circuit Courts may refer cases to the Master-In-Equity.

Family Courts

Family Courts are county courts that hear all matters involving domestic or family relationships. This includes cases concerning marriage, divorce, legal separation, custody, visitation rights, termination of parental rights, adoption, support, alimony, division of marital property, and change of name. These courts also generally hear criminal matters involving minors under the age of seventeen.

Circuit Courts

South Carolina is divided into sixteen judicial circuits. These courts shouldn’t be confused with the Federal Circuit Courts of Appeals. In South Carolina, Circuit courts are the state’s court of general jurisdiction, which means it can hear both civil and criminal matters. The civil court is called the Court of Common Pleas, and the criminal court is called the Court of General Sessions.

Court of Appeals

This is the second highest court in South Carolina. Most appeals from the Circuit Court and the Family Court will be heard by the Court of Appeals.

Fun Fact: The Court of Appeals is the judicial system’s newest court, having commenced operation on September 1, 1983.

The Supreme Court

This is the highest court in South Carolina. It can hear only certain types of cases, such as death penalty matters and important issues about the South Carolina Constitution. The Supreme Court can also hear appeals from lower courts. It decides what appeal cases will go before it. Since few cases go before the Supreme Court, it is unlikely you will go before this court.
Fun Fact: Most cases do not reach the Supreme Court.

South Carolina Court Administration

The Office of Court Administration duties include carrying out special assignments as directed by the Chief Justice of the Supreme Court, administering judicial education programs, and administering the funds for interpreters.

The Clerk of Court

Every county in South Carolina has a Clerk of Court. You will most likely interact with the staff of the Clerk’s office when you need to go to court.      

There are many ways that people with disabilities may appear in the South Carolina courts such as: 

• Plaintiff
• Defendant
• Witness
• Juror
• Advocate
• Attorney
• Personal Representative or Beneficiary in Probate Court