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General Information
Q: Can you give me legal advice?
No; the Clerk of Court's office staff is not
permitted to give legal advice. Persons seeking
advice or acting as their own attornies should
consult the most recent edition of
South
Carolina Rules of Court and follow the
Rules of Civil Procedure, or contact the
Neighborhood Legal Assistance Program at
(843) 722-0107.
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Q: Can you recommend an attorney or law firm?
No; the Clerk of Court's office staff is
prohibited from referring you to an attorney.
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Q: Can I act as my own attorney when filing a
case?
Yes; You have the right to act as your own
attorney, but our office cannot give you any advice
as to the law or procedures.
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Q: How can I find a lawyer?
For information on attorney referrals you may
contact the
S.C. Lawyers Referral Service
at (800) 868-2284. Defendants in criminal
proceedings have a right to a lawyer, and are
entitled to have counsel appointed at government
expense if they are financially unable to obtain
adequate representation by private counsel. For more
information, contact the
Charleston County Public Defender's Office at
(843) 958-1850. There is no right to free legal
assistance in civil proceedings. Some litigants
proceed pro se; that is, they
represent themselves before the court.
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Q: How can I check on the status of my case? Can
I review case files?
All documents filed with the court are public
records and are available through the clerk's
office. Some documents are sealed by special court
order, and some documents are confidential by
operation of law, such as grand jury materials and
criminal files relating to juveniles.
As the keeper of court records, the clerk's
office responds to most inquiries on the status of a
case once given the specific case number or a party
name. Inquiries for information and requests to
examine dockets, case files, exhibits, and other
records are made at the clerk's office in the County
Judicial Center located at 100 Broad Street room
106. Family Court records are retained in the
clerk's office in the County Judicial Center located
at 100 Broad Street room 143. Inquiries often are
made by phone. A fee of $ .25 a page also is
assessed for providing copies of court documents.
Older case documents may only be available on
microfilm. The Clerk of Court also provides public
access terminals which allow for the search and
retrieval of case-related information.
This same information is available through our
Interactive Search
for Public Access Cases at this web site.
Automated access to case-related information is
available free of charge, 24 hours a day.
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Q: How can I find out when my case is coming up
for trial (or another scheduled event such as a
motion hearing?)
You can check on the events for which your
case has been scheduled by linking to our
Interactive Search
for Public Access Cases and inquiring on your
case number (if known) or by your name. Once your
case has been located, the system will allow you to
access the Event Screen for a complete list of all
scheduled events for your case. You can also check
the
Civil Jury Trial and Civil Non-Jury Trial Rosters,
available at this WEB site.
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Q: Where do I go to pay my traffic ticket?
Only traffic tickets issued by the Sheriff's
Office are handled by Magistrate's Court (also
called Summary Courts) in Charleston County. There
are 18 magistrates' courts in Charleston County. All
but four of these courts handle traffic citations.
Instructions telling you which court you must appear
in are on the copy of the ticket you received. For
more information you may link to the
Magistrates' Court Page at this site.
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Q: I received a summons for jury duty. How can I
get more information?
For additional information regarding jury
service, Click here to visit our
Jury Service Information page.
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Q: Is this where I come to get a restraining
order?
Restraining Orders are generally obtained
through a Magistrate's Court. You should contact the
Magistrate for the area in which the
offender lives. For a complete list of
Magistrate's Courts and their locations, click here
to link to the
directory of Magistrate's Courts or
click here for further information on
Magistrates' restraining orders.
If you are seeking a restraining order because of
an incidence of domestic abuse, you should contact
Family Court. Remember,
if you are in
immediate distress or danger, always dial 911.
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Q: Where do I go to make my child support
payments?
Child Support payments are accepted at Family
Court, located at 100 Broad Street, Suite
143,Charleston, South Carolina 29401-2265.
Payments may also be mailed in to the Family Court
address. Please remember that a payment stub must
accompany all payments. Write your case number on
your certified check or money order.
Do not
mail cash.
No personal
checks accepted.
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Q: May I pay my child support with a personal
check or credit card?
The only accepted types of payment are cash,
money order, certified checks, or wage garnishments.
Do not mail cash
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Q: Where do I go to get a marriage license?
Marriage licenses are not issued by the Clerk
of Court. You may obtain a marriage license or
receive information pertaining to marriage licenses
by contacting the Marriage License Division of the
Charleston County Probate Court, located at the
County Judicial Center at 100 Broad Street, Room 469
or call (843) 958-5183.
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Q: Can I register to vote at your office?
No. Voter registration in Charleston County
is handled by the
Board of Voter Registration.
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Q: Does your office provide information
pertaining to tax liens, land transactions, or
partnerships?
The Clerk of Court in Charleston County does
not file or maintain any of these records. For
information regarding any of these items, you should
contact the
RMC (Registrar of Mesne Conveyance) Office .
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Q: Where/How do I report Domestic Abuse?
No, cases involving Domestic Abuse are handled by
Family Court in Charleston County. If you are in
immediate distress or danger you should always dial
911. Click here for further
information on
Domestic Abuse and restraining orders.
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Common Pleas
Q: What is the cost for filing a civil case?
Parties instituting a civil action in a
circuit court are required to pay the filing fee at
the time the case is filed. As of
July 1, 2004, the fee is $150.00
for most civil actions; a fee of $10.00 is assessed
for the filing of a Lis Pendens.
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Q: Do I file Small Claims cases in your office?
Small Claims cases are filed with one of the
two
Small Claims Courts in Charleston County.
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Q: When is a case a matter for "Small Claims",
and when is it "Common Pleas"?
Generally speaking, when the amount or value
of property in dispute is less than $7,500 the
matter is filed and heard in Small Claims Court.
When the amount or value of property is more than
$7,500 the matter is filed and heard in the Court of
Common Pleas.
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Q: What is the Master-in-Equity Court? Can I
have my case heard there? Is it faster?
The Master-in-Equity Court provides a relatively
quick and inexpensive means of litigation resolution
for Civil, non-jury matters. Parties may not
initiate action in the Master's Court, however. Only
cases assigned by the Court of Common Pleas through
an Order of Reference may be heard by the
Master-in-Equity. The Master's Court hears most
foreclosure cases, and a sizable number of other
civil, non-jury cases such as land partitions,
judicial sales, and actions to collect on judgments.
Any case which could otherwise be heard in the Court
of Common Pleas without a jury can be referred to
the Master, and anyone filing a civil case who
waives the right to a jury trial can ask to have
their case referred to Master-in-Equity Court.
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Q: Do you provide case and judgment information
to companies such as credit bureaus?
The Clerk of Court does not look up and give
out case information to credit bureaus and other
companies. While this information is available to
the public, companies with an interest in obtaining
such information must perform the research
themselves. All the information is available via
public access computer terminals in our offices, or
through Public Access Case Inquiry features
available at this WEB site.
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Q: Are bankruptcy proceedings handled in the
Court of Common Pleas?
Bankruptcy proceedings are an action of the
U.S. Bankruptcy Court for the District of
South Carolina. For more information you
should contact the US District Court Clerk's office
at (843) 579-1401.
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Q: What if I want to appeal the outcome of a
Common Pleas case?
Cases tried or otherwise disposed in the Court of
Common Pleas are appealed to the Court of Appeals
(http://www.judicial.state.sc.us/appeals/index.cfm)
or the Supreme Court of South Carolina
(http://www.judicial.state.sc.us/supreme/index.cfm)
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Q: Can you tell me how to appeal a case from
another (lower) court?
The Court of Common Pleas handles appeals
from Small Claims and other Magistrates' Courts, and
some administrative agencies. It will be necessary
for you to pay a filing fee at the time you file the
appeal, if you are appealing a Civil case. Appeals
on Civil cases are automatically scheduled as
Non-Jury matters.
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General Sessions
Q: How do I file a criminal case?
If you feel like you are the victim of a crime,
you should contact the nearest police department in
your area.
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Q: What is an "expungement"?
An
expungement of record is a
process by which the records of a criminal
conviction are destroyed or sealed. This includes
records in files, on computer, or in any other
depositories. Following an expungement, it is as if
the criminal case never existed.
When a case is expunged in Charleston County, the
court's computer records are modified so that all
references to the defendant's name are removed from
the record. Typically, an expunged case record will
contain a reference such as "June 1998 Expungement"
in place of the name of the defendant, and will
contain no references to the defendant's name,
address, or any other personal information such as
driver's license number, age, etc. The case number
is left on the system in order to provide an
accounting of all case numbers, and so that caseload
statistics can be properly gathered. (For example,
the court would still need to know how many criminal
cases of a certain nature were disposed in a given
year, so the case number is left on the computer
database. But because the case is expunged, it will
not be possible to tell who the defendant was in the
case.)
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Does the Clerk of Court have a complete schedule
of all Criminal cases coming up for trial?
No; the function of scheduling Criminal cases for
trial is a function of the
Solicitor's Office.
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Q: What if I don't like the outcome of my
General Sessions case; what if I want to appeal it?
Cases tried or otherwise disposed in the Court of
General Sessions in Charleston County are appealed
to the South Carolina State Supreme Court. Appeals
are filed with the Clerk of the State Supreme Court.
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Q: What types of Bail in lieu of bonds are
accepted at the Clerk of Courts Office?
Once the bond amount and conditions are set by
the Judge, the family, attorney or a bonding company
can proceed to deposit the individual's bail bond
with the Clerk of Court. The Clerk of Court will
provide a release letter to whom is bailing the
individual from custody and the release letter is
taken to the Detention Center to process the
individual's release.
1. Surety Bond:
a. You can make a cash deposit of the amount set in
lieu of a bond or a Cashiers Check.
b. A Bonding Company can also post the bail bond
for you.
c. An individual can pledge Property (Land or a
House, Mobile homes are not accepted )to the Clerk
of Court as collateral for the bond. Out of State
properties are not accepted.
You can find a Property Bond Packet and
Requirements under the Forms Section of our web
site.
2. Personal Recognizance Bond:
A release letter with a PR Bond Form attached is
provided to the Attorney or a family member of the
individual in custody. This release letter is taken
to the Detention Center to process the individual's
release. The defendant must sign the PR Bond form
acknowledging the conditions for his/her release.
3. Cash Percentage in Lieu of Bonds:
The amount of a bond can be set to certain amount
and/or half of the amount to a percentage of the
bond set. If more than one person is posting the
amount, both parties must be present at the Clerk of
Courts office to be able to process the bond and
receive a release letter.
4. Property Bond:
Your house and land can be use as collateral
for a bail bond. The Clerk of Court has provided a
packet in the Forms Section on this web site with
the requirements needed to use your house or land as
collateral. This packet includes a list of
requirements and a notice of pledge of Real Estate
form.
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Q: If I deposit money in lieu of a bond with the
Clerk of Court, do I get that money refunded?
Once the case is ended, the individual is
released without further liability and the deposit
made is not assigned or was made by anyone other
then the defendant, that person is entitled to a
full refund.
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Q: How can I get
copies of a Court Transcript?
The Clerk of Court does not keep records of Court
Transcripts, these are kept by the Court Reporters
who transcribed the hearing. You can request copies
of a court transcript in writing from the court
reporter. You will find the Court Reporter's name on
the web site under the Party File Inquiry screen.
Once you have the Court Reporter's name you can link
to
www.judicial.state.sc.us under Terms of Court to
locate Court Reporter's information.
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Family Court
Q: Where do I go to make my child support
payments?
Child Support payments are accepted at Family
Court, located at 100 Broad Street, Suite 143,
Charleston, South Carolina 29401-2265, Phone: (843)
958-4400 Fax: (843) 958-4434.
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Q: May I pay my child support with a personal
check or credit card?
The only accepted types of payment are cash,
money order, certified checks, or wage garnishments.
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