South Carolina State Court System

  • Circuit Court: The Circuit Courts are the primary trial courts in South Carolina, and handle tort, contract and other civil matters.
  • Court of Appeals: The Court of Appeals is the court of general appellate jurisdiction. It hears cases appealed from the circuit courts.
  • Supreme Court of South Carolina: The Supreme Court is the highest court in South Carolina. It hears appeals from the Court of Appeals, and other civil appeals by permission.

*Some of the courts in the South Carolina Court System also have jurisdiction over other proceedings which are not covered here.

Pleadings

In the beginning stages of a lawsuit legal documents called pleadings are filed. To initiate the lawsuit, the plaintiff files a pleading called a Complaint which sets forth one or more causes of action against the defendant(s) named in the Complaint. After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 30 days from the date of service to file a pleading called an Answer. The Defendant(s)’ Answer will respond to each of the causes of action in the Plaintiff’s Complaint and set forth any defenses, cross claims and/or counter claims the Defendant(s) will raise.

Discovery

After all parties to the lawsuit have filed pleadings, the case then proceeds to Discovery. Essentially, the discovery process is a fact-finding and investigative endeavor in which each party gathers information and evidence from opposing parties and/or non-party witnesses. While the discovery process includes a variety of other mechanisms used to gather information, it will generally consist of the following:

  • Written Discovery: is generally used at the start of discovery and comes in two basic forms:

    • Interrogatories – Formal questions and/or requests for information served on one party by an opposing party. The party served with interrogatories must provide written responses to each of the interrogatories or respond with an objection to the interrogatory.
    • Requests for Production of Documents – Often served with a set of interrogatories, requests for production of documents are formal requests for certain documentation relevant to the claims and defenses raised in the pleadings.
  • Depositions: In a deposition, either a party to the lawsuit or a non-party witness will provide oral testimony under oath and in the presence of a court reporter who makes a written record of everything said during the deposition.

Alternative Dispute Resolution

South Carolina requires that all cases filed in Circuit Court are subject to court-ordered mediation unless the parties agree to conduct an arbitration. The parties may select their own neutral and may mediate, arbitrate or submit to early neutral evaluation at any time. This process encourages settlement and helps reduce the timeframe of litigation. If parties haven’t submitted proof of ADR to the Clerk of Court within 210 days after filing, the Clerk of Court will appoint a primary and secondary mediator. The ADR conference must be held within 300 days from the filing, and the case is not put on circuit court trial roster until a Proof of ADR is filed. SC R ADR Rule 4 and 5

Trial

If the parties have not reached a settlement through mediation or otherwise, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity of the case, a trial can take as little as a single day or as long as several weeks to complete. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages to the plaintiff or the jury will return a verdict for the defendant finding that the defendant was not at fault.

Motions and Appeals

After a final ruling is provided from the Court of Common Pleas (the name of the civil division of the Circuit Court), parties may file motions or appeal the verdict. Rule 203(b)(1) requires all appeals be served on all respondents within 30 days after receipt of written notice of entry of the order or judgment. The time frame to appeal cannot be extended by the court. A party loses their chance to appeal once the deadline passes.

Recovery

judgment good for 10 years

DISCLAIMER:

The law firm of Walker Morgan is located at 135 E Main St., Lexington, SC 29072. All lawyers at Walker Morgan are licensed to practice law in the State of South Carolina. Should you wish to retain our firm for legal representation regarding a potential case in any other jurisdiction we are required to associate local counsel in that foreign jurisdiction and seek permission from a court of the foreign jurisdiction to temporarily engage in the practice of law therein for purposes of pursuing your potential claim only.

By offering the following information the lawyers at Walker Morgan are not offering legal advice or legal guidance. The lawyers at Walker Morgan are not licensed to practice law in South Carolina. Should you have a question/concern specific to South Carolina law, please contact an attorney licensed to practice law in the State of South Carolina.